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Article 1. The basic concepts used in this Code of the Social Code of the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 1. The basic concepts used in this Code of the Social Code of the Republic of Kazakhstan

    1. The following basic concepts are used in this Code:

     1) habilitation is a set of measures aimed at the formation and development of people with disabilities' abilities for domestic, social and professional activities;

     2) an individual assistance plan for a person (family) (hereinafter referred to as an individual plan) is a plan of measures to promote employment and (or) social adaptation, drawn up by a career center together with the person who applied for targeted social assistance and (or) his family members;

     3) The Government for Citizens State Corporation (hereinafter referred to as the State Corporation) is a legal entity established by decision of the Government of the Republic of Kazakhstan to provide public services in accordance with the legislation of the Republic of Kazakhstan, organize work on accepting applications for the provision of public services for the provision of public services and issuing their results to the service recipient on a one–stop–shop basis, ensuring the provision of public services in electronic form;

     4) special social services – a set of services that provide a person (family) with the conditions to overcome the grounds that objectively violate human life and aimed at creating equal opportunities with other citizens to participate in the life of society;

     5) price limits for special social services – maximum and minimum tariff levels for ensuring the guaranteed state cost of special social services;

     6) a person (family) in need of special social services is a person (family) recognized as such on the grounds provided for in Article 133 of this Code that objectively violate a person's vital activity, which he cannot overcome on his own.;

     7) recipient of special social services – a person (family) recognized as needing special social services;

     8) entities providing special social services are individuals and (or) legal entities engaged in the public and non–governmental sectors in providing special social services on the basis of a license to provide special social services.;

     9) centers for the provision of special social services – organizations established by decision of local executive bodies and providing special social services to persons (families) in need of special social services in hospital, semi-hospital, temporary stay and at home;

     10) standards for the provision of special social services – regulatory legal acts that establish minimum requirements for the quality, volume and conditions of provision of special social services;

     10-1) special social payment – monetary payments made to persons engaged in work with harmful working conditions;

     11) special means of transportation – a type of technical assistance that ensures the movement of a person with a disability;

     12) assistant – an employee of a career center who performs the functions of assisting a social work consultant and the mayor of a village, village, or rural district in conducting consultations, interviews, and monitoring the fulfillment of obligations under a social contract.;

     13) breadwinner – a person who supports disabled family members who depend on him, at the expense of his income;

     14) the authorized body for the appointment of targeted social assistance is the local executive body of the city of republican significance, the capital, the district, the city of regional significance, the district in the city, which carries out the appointment of state targeted social assistance;

     15) social contributions – money paid by payers of social contributions to the State Social Insurance Fund in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

     16) arrears on social contributions – amounts of social contributions calculated and unpaid within the time limits established by this Code, as well as unpaid amounts of penalties;

     17) the rate of social contributions is a fixed amount of mandatory payments to the State Social Insurance Fund, expressed as a percentage of the amount of the object of calculating social contributions.;

     18) the payer of social contributions (hereinafter referred to as the payer) – an employer, an individual entrepreneur, including a peasant or farmer, a person engaged in private practice, who calculate and pay social contributions to the State Social Insurance Fund in accordance with the procedure established by the legislation of the Republic of Kazakhstan, including tax agents defined by the tax legislation of the Republic of Kazakhstan, who pay social contributions to the State Social Insurance Fund for individuals who receive income from civil law contracts, the subject of which is the performance of works (provision of services).

     Local executive bodies or other legal entities are recognized as payers of social contributions when paying material benefits to individual assistants in accordance with paragraph nine of subparagraph 31) of paragraph 2 of Article 319 of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code), as well as the operator of the Internet platform defined by subparagraph 1) paragraph 2 of Article 102 of this Code, who pays social contributions for the persons specified in subparagraph 7) of the first part of Article 243 of this Code;

     19) social maladaptation is a violation of the interaction of a person with the social environment;

     20) social deprivation is the restriction and (or) deprivation of the opportunity for a person (family) to independently satisfy basic life needs.;

     21) the unified information system of the social and labor sphere is an object of informatization designed to automate the activities of an authorized state body, local executive bodies for social protection and employment, labor mobility centers, career centers, a Center for the Development of labor resources and interdepartmental interaction in order to provide public services to the population in the social and labor sphere;

     22) social work consultant – an employee of a career center who assists in the appointment of state targeted social assistance and the exit of a low-income person (family) from a situation caused by his/her being below the poverty line;

     23) social worker – an employee who provides special social services and (or) evaluates and determines the need for special social services, who has the necessary qualifications that meet the established requirements.;

     24) social professional orientation is a set of interrelated activities aimed at providing practical assistance in choosing professions, changing occupation and professional development, taking into account professional knowledge, skills, interests of the individual and the needs of the labor market;

     25) a social contract is an agreement defining the rights and obligations of the parties between a participant in active employment promotion measures and a labor mobility center (career center), and in the cases provided for by this Code, with individuals or legal entities involved in organizing active employment promotion measures, as well as on the provision of state targeted social assistance.;

     26) social risk – the occurrence of an event leading to disability and (or) loss of work, loss of breadwinner, loss of income due to pregnancy and childbirth, adoption of a newborn child (children) and child care after reaching the age of one and a half years, as a result of which a participant in the compulsory social insurance system or in In the event of his death, family members who were dependent on him shall acquire the right to receive social benefits in accordance with this Code.;

     27) social benefits – payments made by the State Social Insurance Fund in favor of the recipient of social benefits;

     28) recipient of social benefits is an individual for whom social contributions were made to the State Social Insurance Fund before the occurrence of a social risk event and in respect of whom the State Social Insurance Fund issued a decision on the appointment of social benefits, and in the event of the death of a person who is a participant in the compulsory social insurance system, family members of the deceased (recognized by the court as unknown absent or declared dead) of the breadwinner, who were dependent on him;

     29) diversification – placement of pension assets in various financial instruments in order to reduce the risk of their losses in accordance with the requirements established by the National Bank of the Republic of Kazakhstan;

     30) print edition – periodicals, the list of which is determined by the authorized body for regulation, control and supervision of the financial market and financial organizations;

32) vacancy – a vacant workplace (position) at the employer;

     33) lump sum pension payment is the amount of pension savings formed from mandatory pension contributions withdrawn by a contributor of mandatory pension contributions (recipient of pension payments) from a single accumulative pension fund in order to improve housing conditions and (or) pay for medical treatment in accordance with the procedure established by this Code;

     34) unified accumulative pension fund – a legal entity engaged in activities aimed at attracting pension contributions and pension payments, as well as other functions defined by this Code;

     35) the investment declaration of the unified accumulative pension fund is a document defining the list of investment objects, goals, strategies, conditions and restrictions of investment activity in relation to pension assets, conditions of hedging and diversification of pension assets;

     36) single payment payer is a tax agent defined by Article 776-1 of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code);

     37) an organization providing mandatory deposit guarantee is a non–profit organization established in the organizational and legal form of a joint-stock company and providing mandatory deposit guarantee on the basis of the Law of the Republic of Kazakhstan "On Mandatory Deposit Guarantee placed in second-tier banks of the Republic of Kazakhstan", other regulatory legal acts of the Republic of Kazakhstan and the charter;

     38) the cost of living is the minimum monetary income per person, equal in value to the minimum consumer basket.;

     39) labor market – the sphere of formation of supply and demand for labor;

     40) the national labor forecasting system is a set of applied methods and approaches that make it possible to determine the projected supply and demand of labor;

     41) The Center for the Development of Labor Resources is a legal entity established by decision of the Government of the Republic of Kazakhstan under an authorized state body, providing information and analytical support for the labor market, active employment promotion measures, methodological support for employment services, development and maintenance of a unified information system of the social and labor sphere;

     42) the labor mobility center is a legal entity established by the local executive body of the region, the city of republican significance and the capital in order to develop and implement measures to promote employment;

     43) able–bodied person (able-bodied family member) - a person or family member aged from eighteen years to the age provided for in paragraph 1 of Article 207 of this Code, with the exception of persons with disabilities of the first or second group and (or) persons with diseases in which a temporary disability period of more than two months may be established.;

     44) freely chosen employment is the activity of citizens of the Republic of Kazakhstan, candace, foreigners and stateless persons residing in the Republic of Kazakhstan, chosen by them through the free disposal of their abilities to work, choice of profession and type of activity;

     45) voluntary accumulative pension fund is a professional participant in the securities market that carries out investment portfolio management activities on the basis of a license from the authorized body for regulation, control and supervision of the financial market and financial organizations with the right to attract voluntary pension contributions.;

     46) voluntary pension contributions – money contributed by contributors of voluntary pension contributions on their own initiative to the unified accumulative pension fund and (or) voluntary accumulative pension funds in favor of the recipient of pension payments in accordance with the procedure determined by the legislation of the Republic of Kazakhstan and the pension provision agreement at the expense of voluntary pension contributions, and (or) the unclaimed amount of guaranteed compensation for the guaranteed deposit transferred by the organization, which provides mandatory deposit guarantees, to the unified accumulative pension fund in accordance with the Law of the Republic of Kazakhstan "On Mandatory guarantee of deposits placed in second-tier banks of the Republic of Kazakhstan";

     47) an agreement on pension provision through voluntary pension contributions is an agreement on the establishment, modification or termination of legal relations related to voluntary pension contributions, savings and receipt of pension payments, the terms of which are accepted by the depositor (recipient) only by joining the proposed agreement as a whole.;

     48) the rate of voluntary pension contributions is the amount of payment to the unified accumulative pension fund and (or) voluntary accumulative pension fund, which is determined by the contributor of voluntary pension contributions independently and can be changed at his discretion, determined by the pension provision agreement at the expense of voluntary pension contributions.;

     49) contributor of voluntary pension contributions – an individual or a legal entity who makes voluntary pension contributions to the benefit of the recipient of pension payments in accordance with the agreement on pension provision at the expense of voluntary pension contributions at the expense of his own funds, as well as an individual who makes voluntary pension contributions at the expense of an unclaimed amount of guaranteed compensation for a guaranteed deposit.;

     50) subsidized wages – full or partial compensation of the employer's expenses for the remuneration of employees employed in subsidized jobs;

     51) an employee is an individual who performs work under an employment contract or carries out activities under a civil law contract, in which the schedule and payment for time worked, or for a unit of goods produced, or for services rendered are determined by the customer.;

     52) average per capita income is the share of the total family income per family member per month.;

     IZPI's note!

     Subparagraph 53) shall enter into force on 01.01.2028 in accordance with Article 263 of this Code.

     53) the minimum age pension is the minimum age pension payment established for the relevant fiscal year by the law on the republican budget.;

     54) individual pension account – the personal registered account of a contributor of mandatory pension contributions, an individual for whom mandatory occupational pension contributions, voluntary pension contributions (recipient of pension payments) are transferred, which accounts for mandatory pension contributions or mandatory occupational pension contributions, or voluntary pension contributions, investment income, penalties and other income in accordance with with the legislation of the Republic of Kazakhstan and from which pension payments are made;

     55) individual assistant – a person who provides services for accompanying a person with a disability of the first group, who has difficulty moving, and providing assistance when visiting facilities;

     56) a person engaged in private practice is a private notary, a private bailiff, a lawyer and a professional mediator;

     57) total income – the sum of the types of income taken into account when assigning state targeted social assistance;

     58) mandatory pension contributions of the employer – money transferred by agents from their own funds to a conditional pension account in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

     59) the employer's mandatory pension contribution rate is the amount of the agent's payment to the unified accumulative pension fund, expressed as a percentage of the employee's income used to calculate the employer's mandatory pension contributions.;

     60) labor force – employed and unemployed population;

61) persons who are not part of the labor force – persons who are not employed or unemployed;

     62) workplace – the place of permanent or temporary residence of an employee while performing his work duties in the course of his work;

     63) a job seeker is an individual who has applied to a career center for employment assistance.;

     64) employment is a set of organizational, economic and legal measures designed to promote employment of the population;

     65) an individual employment plan is a document that indicates the personal data of the unemployed, planned and implemented measures to promote employment.;

     66) private employment agency – an individual or legal entity providing labor mediation, registered in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

     67) unemployed – an individual who is looking for a job and is ready to start work.;

     68) pension – a set of state basic pension payments and (or) age-related pension payments, and (or) superannuation pension payments and (or) from a single accumulative pension fund, and (or) a voluntary accumulative pension fund, and (or) insurance payments from an insurance organization in accordance with a pension agreement. annuities;

     69) pension assets – money, securities, and other financial instruments intended for securing and making pension payments, transfers, and other purposes provided for by this Code;

     70) investment income of pension assets – money received (to be received) as a result of investing pension assets;

     71) investment portfolio of pension assets – a set of financial instruments included in pension assets;

     72) pension annuity agreement is an insurance agreement according to which one party (the policyholder) undertakes to transfer the amount of pension savings (the redemption amount) to the insurance company, and the other party (the insurance company) undertakes to make insurance payments in favor of the policyholder and (or) the insured (insured) for life or for a certain period of time;

     73) authorized organization for issuing pensions and benefits – second-tier banks, organizations licensed by the authorized body for regulation, control and supervision of the financial market and financial organizations for relevant types of banking operations, territorial divisions of Kazpost Joint Stock Company;

     74) pension savings – the money of a contributor of mandatory pension contributions, an individual for whom mandatory occupational pension contributions, voluntary pension contributions (recipient of pension payments) are transferred, recorded in his individual pension account, including mandatory pension contributions, mandatory occupational pension contributions and voluntary pension contributions, investment income of pension assets, a penalty and others receipts in accordance with the agreements, this Code, the legislation of the Republic of Kazakhstan;

     IZPI's note!

     Subparagraph 75) is effective from 01.01.2028 in the wording provided for in Article 263 of this Code.

     75) the threshold of minimum sufficiency of pension savings is the minimum amount of pension savings formed from mandatory pension contributions necessary to ensure a monthly pension not lower than the minimum pension established by the law on the republican budget and effective on January 1 of the relevant financial year, determined in accordance with the methodology approved by the Government of the Republic of Kazakhstan;

     76) pension provision is a set of legal, economic and social measures aimed at providing citizens with pension payments upon reaching retirement age and other conditions stipulated by the legislation of the Republic of Kazakhstan.;

     77) pension payments:

     by age – payments of money to individuals with at least six months of work experience as of January 1, 1998, carried out in proportion to their work experience;

     for years of service – payment of money to military personnel, with the exception of military personnel serving in the reserve, to employees of special state and law enforcement agencies, civil protection agencies, state paramedic service, as well as to persons whose rights to have special ranks, class ranks and wear uniforms have been abolished since January 1, 2012, and to persons whose medical positions have been reduced in bodies of internal affairs of the Republic of Kazakhstan from July 1, 2022 and January 1, 2023, those who had at least twelve years and six months of continuous military service, service in special state and law enforcement agencies, civil protection agencies, and the state courier service at the time of the position reduction, provided they continue to work in medical organizations located in pre-trial detention facilities and institutions of the penal enforcement (penitentiary) system, in accordance with by this Code;

     from the unified accumulative pension fund – payment of money to individuals for whom mandatory pension contributions and (or) mandatory pension contributions from the employer, and (or) mandatory occupational pension contributions, and (or) voluntary pension contributions have been paid;

     from an insurance company – payment of money from an insurance company to individuals in accordance with a pension annuity agreement;

     from a voluntary funded pension fund – payment of money to individuals for whom voluntary pension contributions have been paid;

     78) recipient of pension payments is an individual who has been assigned a state basic pension payment and (or) age pension payments, and (or) superannuation pension payments, and (or) pension payments from a single accumulative pension fund and (or) a voluntary accumulative pension fund, and (or) insurance payments from the insurance company in accordance with the pension annuity agreement;

     IZPI's note!

     Subparagraph 79) is effective from 01.01.2028 in the wording provided for in Article 263 of this Code.

     79) the minimum pension amount is the minimum pension amount established for the relevant financial year by the law on the republican budget.;

     80) investment portfolio manager is a professional participant in the securities market who carries out investment portfolio management activities on his own behalf and in the interests and at the expense of the client on the basis of a license in accordance with the laws of the Republic of Kazakhstan "On the Securities Market" and "On Permits and Notifications", as well as meets the requirements of the authorized regulatory body, control and supervision of the financial market and financial organizations for the management of pension assets;

     81) Internet platform - an Internet resource intended for interaction between the operator of the Internet platform, the customer and the contractor for the provision of services and the performance of work;

     82) custodian bank - the National Bank of the Republic of Kazakhstan or a second–tier bank licensed by the authorized body for regulation, control and supervision of the financial market and financial organizations for custodial activities;

     83) custody agreement – a custody and assignment agreement concluded by the custodian bank and its client, which defines the procedure for providing custody services to the client.;

     84) professional orientation is a system of measures aimed at assisting a person with disabilities in choosing the types of work;

     85) vocational training – training that includes vocational training, retraining in order to acquire new specialties (professions), skills and advanced training within the framework of employment promotion measures provided for in this Code;

     86) the poverty line is the maximum minimum amount of monetary income per person, established as a criterion for determining the amount of state targeted social assistance.;

     87) a caregiver is an individual who directly cares for a person with a disability of the first group, regardless of kinship with him;

     88) income replacement coefficient is a coefficient that is determined depending on the case of social risk;

     88-1) The Commissioner for the Rights of Socially Vulnerable Categories of the Population under the President of the Republic of Kazakhstan (hereinafter referred to as the Ombudsman) is a person appointed by the President of the Republic of Kazakhstan and carries out his activities on a voluntary basis in order to ensure guarantees of the rights and legitimate interests of socially vulnerable categories of the population, as well as the restoration of their violated rights and freedoms in cooperation with state and public institutions;

     89) the authorized body for regulation, control and supervision of the financial market and financial organizations is a state body that carries out state regulation, control and supervision of the financial market and financial organizations.;

     90) the length of service coefficient is a coefficient that is determined depending on the total length of service in the compulsory social insurance system.;

91) a career center is a branch of the labor mobility center that performs its functions in districts, cities of regional and republican significance, and the capital;

     92) medical habilitation is a process of medical rehabilitation aimed at acquiring or compensating for the unformed functions and skills of children with disabilities and integrating them into society.;

     93) median income is the amount of income relative to which half of the population has higher incomes and half of the population has lower incomes.;

     94) medical rehabilitation is a complex of medical services aimed at preserving, partially or completely restoring impaired and (or) lost body functions.;

     95) medical and social expertise - assessment of the disability of the person being examined caused by a persistent disorder of bodily functions, with the establishment (non–establishment) of disability and (or) the degree of disability, as well as the determination of his needs for social protection measures.;

     96) medical and social expertise unit – a structural unit of an authorized state body conducting medical and social expertise;

     97) independent expert of medical and social expertise - an individual who meets the requirements determined by an authorized state body and is included in the register of independent experts of medical and social expertise;

     98) state targeted social assistance (hereinafter referred to as targeted social assistance) is assistance provided by the state to individuals (families) with monthly average per capita income below the poverty line established in oblasts, cities of republican significance, the capital;

     99) state social benefits – monetary payments provided to citizens upon the onset of disability and loss of a breadwinner;

     100) The State Social Insurance Fund (hereinafter referred to as the Fund) is a non–profit organization in the form of a joint–stock company, the founder and sole shareholder of which is the state, accumulating social contributions, assigning and making social payments to participants in the compulsory social insurance system, in respect of whom a case of social risk has occurred, including dependent family members in the event of loss of the breadwinner;

     101) assets of the State Social Insurance Fund (hereinafter referred to as the Fund's assets) – money, securities, and other financial instruments intended for the purposes provided for in this Code;

     102) the investment declaration of the State Social Insurance Fund (hereinafter referred to as the investment declaration of the Fund) is a document defining the goals, strategy, list of objects for investment within the framework of the legislation of the Republic of Kazakhstan, conditions and restrictions on investment activities in relation to the assets of the Fund, conditions for hedging and diversifying the assets of the Fund;

     103) investment income of the State Social Insurance Fund (hereinafter referred to as the Fund's investment income) – money received (to be received) as a result of investing the Fund's assets;

     104) state basic pension payment is a monthly monetary payment provided upon reaching the retirement age established by paragraph 1 of Article 207 of this Code.;

     105) disability – the degree of restriction of human vital activity due to a violation of health with a persistent disorder of body functions;

     106) a person with a disability is a person who has a health disorder with a persistent disorder of bodily functions caused by diseases, injuries (wounds, traumas, contusions), their consequences, disorders that lead to disability and the need for social protection.;

     107) social rehabilitation of persons with disabilities is a set of measures aimed at creating conditions for persons with disabilities to overcome their disability, restore their social status, and adapt to their social, household, and environmental conditions.;

     108) vocational rehabilitation of persons with disabilities is a set of measures aimed at obtaining or restoring impaired or lost professional skills, knowledge and abilities of persons with disabilities, their adaptation and employment;

     109) an individual habilitation and rehabilitation program for a person with a disability (hereinafter referred to as the individual program) is a document defining the specific scope, types and timing of habilitation and rehabilitation for a person with a disability based on his or her individual needs.;

     110) a child with a disability is a person under the age of eighteen who has a health disorder with a persistent disorder of bodily functions caused by diseases, injuries (wounds, traumas, contusions), their consequences, disorders that lead to disability and the need for his social protection;

     111) compulsory social insurance is a set of measures organized, controlled and guaranteed by the state to compensate for part of the income recorded as an object of calculating social contributions in order to make social payments in the event of a social risk event provided for by this Code.;

     112) the compulsory social insurance system is a set of norms and rules established and guaranteed by the state, regulating relations between subjects of the compulsory social insurance system;

     113) the total length of service in the compulsory social insurance system is the total number of months for which social contributions have been received.;

     114) a participant in the compulsory social insurance system is an individual for whom social contributions are paid and who is entitled to receive social benefits in the event of cases of social risk provided for by this Code.;

     115) subjects of the compulsory social insurance system – payer; participant of the compulsory social insurance system; recipient; State Corporation; Foundation; National Bank of the Republic of Kazakhstan; authorized state body; state revenue authorities; labor mobility center;

     116) mandatory pension contributions – money contributed in accordance with this Code to the unified accumulative pension fund in accordance with the procedure established by the legislation of the Republic of Kazakhstan;

     117) arrears in mandatory pension contributions, mandatory pension contributions from the employer, mandatory professional pension contributions – calculated, withheld (accrued) and not transferred to the unified accumulative pension fund mandatory pension contributions, mandatory pension contributions from the employer, mandatory professional pension contributions within the time limits established in accordance with this Code, as well as unpaid amounts of penalties;

     118) an agreement on pension provision through mandatory pension contributions, mandatory occupational pension contributions is an affiliation agreement, the terms of which are accepted by the contributor of mandatory pension contributions, an individual for whom mandatory occupational pension contributions are transferred (recipient of pension payments), not otherwise than by joining the proposed agreement as a whole;

     119) an agent for the payment of mandatory pension contributions, mandatory employer pension contributions, mandatory occupational pension contributions, and voluntary pension contributions (hereinafter referred to as the agent) – an individual or legal entity, including a foreign legal entity operating in the Republic of Kazakhstan through a permanent establishment, branches, representative offices of foreign legal entities, calculating, withholding (accruing) and transferring mandatory pension contributions, mandatory employer pension contributions, mandatory occupational pension contributions, voluntary pension contributions to the unified accumulative pension fund in accordance with the procedure determined by the legislation of the Republic of Kazakhstan.

     The insurance company is considered as an agent.

     Tax agents designated in accordance with Article 776-1 of the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code) are considered to be the agent for calculating (calculating) and transferring a single payment for employees.

     Tax agents defined by the tax legislation of the Republic of Kazakhstan (hereinafter referred to as "tax agents") are considered as an agent for the payment of mandatory pension contributions for individuals who receive income under civil law contracts, the subject of which is the performance of work (provision of services).;

     IZPI's note!

     The fifth paragraph of point 119) from 01.01.2026 is valid in the wording provided for in Article 263 of this Code.

     The Internet platform operator defined by subparagraph 1) is considered to be the agent for the payment of mandatory pension contributions for the persons specified in subparagraph 7) of the first part of Article 243 of this Code. paragraph 2 of Article 102 of this Code.

     120) the rate of mandatory pension contributions is the amount of payment to the unified accumulative pension fund, expressed as a percentage of the depositor's income accepted for calculating mandatory pension contributions, and (or) insurance payments made as compensation for damage related to loss of earnings (income);

121) a contributor of mandatory pension contributions is an individual who has an individual pension account to account for mandatory pension contributions in a single accumulative pension fund.;

     122) mandatory occupational pension contributions – money transferred by agents at their own expense to the unified accumulative pension fund in favor of employees engaged in work with harmful working conditions, whose professions are provided for by the list of industries, jobs, and professions of employees;

     123) the rate of mandatory occupational pension contributions is the amount of the agent's payment to the unified accumulative pension fund, expressed as a percentage of the employee's income used to calculate mandatory occupational pension contributions.;

     124) rehabilitation is a set of measures aimed at the full or partial restoration of the abilities of a person with a disability for household, social, professional and other activities.;

     124-1) a difficult life situation is a situation recognized on the grounds provided for by this Code as objectively disrupting a person's vital activity, which he cannot overcome on his own.;

     124-2) The integrated model for providing comprehensive support to individuals (families) in difficult situations within the competence of government agencies (hereinafter referred to as the integrated model) is an organizational and functional approach involving government agencies under the coordination of an authorized government agency in order to strengthen interdepartmental cooperation.;

     125) disability is the complete or partial loss of a person's ability or ability to provide self–care, move independently, navigate, communicate, control their behavior, study and engage in work;

     126) a mobile employment platform application is a software product installed and running on a cellular subscriber device and providing access to services and works provided through an Internet platform.;

     127) prosthetic and orthopedic care is a specialized type of medical and technical assistance for providing persons with disabilities with prosthetic and orthopedic means and training in their use;

     128) organization for the formation and maintenance of an insurance database – a non-profit organization established in the organizational and legal form of a joint-stock company, one hundred percent of the voting shares of which belong to the National Bank of the Republic of Kazakhstan, engaged in the formation and maintenance of a unified insurance database in accordance with the Law of the Republic of Kazakhstan "On Insurance Activities";

     129) insurance organization is a legal entity engaged in concluding and executing insurance contracts in the life insurance industry on the basis of an appropriate license from the authorized body for regulation, control and supervision of the financial market and financial organizations.;

     130) redemption amount – the amount of money that, upon early termination of the pension annuity agreement, the policyholder has the right to use to make a transfer under a newly concluded pension annuity agreement or receive from an insurance company if he is a foreigner or a stateless person who has left the Republic of Kazakhstan for permanent residence and has submitted to the insurance company the documents specified by law Of the Republic of Kazakhstan, confirming the fact of departure;

     131) subsidized workplace is a workplace created by an employer on a contractual basis with a labor mobility center (career center) for the employment of unemployed people, as well as students and high school students in their free time who participate in jobs that do not harm their health or disrupt the learning process, with full or partial subsidization their wages;

     132) low–income persons (families) - persons (families) who have an average per capita income per month below the poverty line established in regions, cities of republican significance, the capital;

     133) an independent employee is an individual who independently carries out activities for the production (sale) of goods, works and services in order to generate income without state registration of his activities, with the exception of individual entrepreneurs, persons engaged in private practice, founders (participants) of a business partnership and founders, shareholders (participants) of a joint-stock company, members of a production the cooperative;

     134) technical auxiliary (compensatory) means:

     prosthetic and orthopedic products are products that replace missing limbs or other parts of the body, compensate for impaired or lost body functions due to illness or damage to health.;

     sign language equipment – technical means for correcting and compensating hearing disorders, as well as sound-enhancing means of communication and information transmission;

     typhlotechnical means are technical means aimed at correcting and compensating for the lost opportunities of persons with disabilities as a result of visual impairment;

     mandatory hygiene products are products designed to meet natural physiological needs and requirements;

     135) authorized state body – the central executive body responsible for the management and intersectoral coordination in the field of social protection of the population in accordance with the legislation of the Republic of Kazakhstan, regulation, control functions over the activities of the Fund;

     136) authorized operator – a legal entity (legal entities), designated (designated) The Government of the Republic of Kazakhstan, which opens and maintains special accounts for lump-sum pension payments from the unified accumulative pension fund in order to improve housing conditions and (or) pay for medical treatment, to which the unified accumulative pension fund transfers lump-sum pension payments from pension savings formed from mandatory pension contributions;

     137) precinct commission is a special commission established by the decision of the akims of the relevant administrative-territorial units to conduct a survey of the financial situation of persons (families) who have applied for targeted social assistance.;

     138) affiliated persons – individuals or legal entities (with the exception of state bodies exercising control and supervisory functions within the scope of their powers and the national management holding) that have the ability to directly and (or) indirectly determine decisions and (or) influence decisions made by each other (one of the persons), in particular including by virtue of the concluded transaction. The presence of a national management holding company among the shareholders of a voluntary accumulative pension fund is not a basis for determining persons affiliated with each other.;

     139) The local executive body for social protection and employment of the population is the local executive body of the region, cities of republican significance, and the capital, which determines the directions in the field of social protection and employment of the population.;

     140) employment of the population is a labor activity related to the satisfaction of personal and social needs that does not contradict the legislation of the Republic of Kazakhstan and generates earnings or income.;

     141) outsourcing of services in the field of employment of the population is a set of measures aimed at transferring services from labor mobility centers to private employment agencies on the basis of an agreement on outsourcing services in the field of employment of the population;

     142) conditional monetary assistance is a type of targeted social assistance provided in the form of monthly cash payments to low–income individuals (families), subject to their mandatory participation in employment promotion measures and (or), if necessary, social adaptation measures.;

     143) unconditional monetary assistance is a type of targeted social assistance provided in the form of monthly cash payments to low–income individuals (families) with limited opportunities to participate in employment promotion measures.;

     144) conditional pension obligations – obligations of the unified accumulative pension fund for pension payments due to mandatory pension contributions from the employer and other income in accordance with the legislation of the Republic of Kazakhstan;

     145) conditional pension account – an account opened in the name of an individual in a single accumulative pension fund, which records information on the received mandatory pension contributions from the employer and other income in accordance with the legislation of the Republic of Kazakhstan, as well as information on the amount of pension payments due to mandatory pension contributions from the employer for the relevant financial year;

     146) sign language specialist – a specialist who provides services to persons with disabilities in sign language translation into the dactylic alphabet and/or sign language.

     2. Other special concepts and terms of the legislation of the Republic of Kazakhstan on social protection are used in the meanings defined in the relevant articles of this Code.

 

 

The Social Code of the Republic of Kazakhstan dated April 20, 2023

President    

Republic of Kazakhstan     

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