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Article 81. Procedure and conditions of dismissal The Law on Law Enforcement Service
1. Employees are dismissed from the service by officials who have been granted the right to recruit and appoint employees to these positions.
2. Employees who have stopped serving in law enforcement agencies are excluded from law enforcement personnel.
3. Employees are discharged from the reserve with military registration, if the dismissed persons have not reached the age limit established by the legislation of the Republic of Kazakhstan for the stay in the reserve of persons fit for military service.
4. Employees who are dismissed from the service, as well as cadets who have been expelled from law enforcement education organizations, hand over their service certificate. Retired employees are issued a pensioner's certificate from law enforcement agencies.
5. Employees who leave the service at their own request, notify their immediate supervisor of their decision no later than one month before the planned day of dismissal, and submit a written report on this.
6. Employees dismissed from service on the grounds provided for in subitems 1), 2, 4) and 18) of paragraph 1 of Article 80 of this Law shall be notified in writing of their dismissal or reaching the age limit for service no later than one month before their dismissal or reaching the age limit.
The dismissal of employees while they are on leave and on medical treatment is not allowed, except for the dismissal of an employee on the grounds provided for in paragraphs 1), 2), 4), 5) and 18) paragraph 1 of Article 80 of this Law.
7. Employees who are dismissed from service (with the exception of customs authorities) are paid a one-time allowance in the following manner and amounts:
those with less than ten calendar years of service and dismissed for health reasons, due to staff reductions, receive a three–month salary.;
those with more than ten calendar years of service and dismissed upon reaching the age limit for service, for health reasons or due to staff reductions:
from ten to fifteen years – a four-month salary;
from fifteen to twenty years – a five-month salary;
from twenty to twenty–five years - a six-month salary;
from twenty–five to thirty years - a seven-month salary;
over thirty years – an eight-month salary.
8. In order to determine the amount of a one-time benefit, the length of service is used to assign a pension payment for the length of service in calendar terms.
The one-time allowance is calculated based on the official salary paid for the last full-time position, additional payment for a special rank or class rank on the day of dismissal from service.
Upon dismissal of a law enforcement officer after repeated (subsequent) enlistment in law enforcement agencies, when determining the amount of a lump sum benefit, the period of service for which the lump sum (severance) benefit was not paid is taken into account.
9. In case of dismissal without the right to a pension payment for years of service, along with the payment of lump–sum benefits, within one year from the date of dismissal from service, additional payments for special ranks or class ranks are retained to persons of middle, senior and higher commanding staff of law enforcement agencies (with the exception of customs authorities) who were dismissed from service upon reaching the age limit service, health reasons, or staff cuts. Payments are made by the financial department of the law enforcement agency at the employee's last place of service.
At the same time, if during the specified period additional payments for special ranks or class ranks to senior law enforcement officers who are in service increase, the amounts of these additional payments paid to middle, senior and senior law enforcement officers (with the exception of customs authorities) who are dismissed without the right to retirement benefits for years of service also increase accordingly.
10. For law enforcement officers who have been awarded the State award of the Republic of Kazakhstan during their law enforcement service, the amount of a one-time discharge allowance is increased by two monthly salaries.
The Law of the Republic of Kazakhstan dated January 6, 2011 No. 380-IV.
This Law regulates public relations related to admission to the law enforcement service of the Republic of Kazakhstan, its passage and termination, and also defines the legal status (status), financial support and social protection of law enforcement officers of the Republic of Kazakhstan.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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