Calculation of work experience when applying for a pension | establishing a fact of legal significance
The court considered in the preliminary court session the civil case on the claim of I.G.Z. INTERESTED PERSONS: Russian State Institution "Department of the Committee of Labor, Social Protection and Migration of the Ministry of Health and Social Development of the Republic of Kazakhstan for the Kostanay region", on the establishment of a legal fact. I.G.Z. is I.A.O.'s spouse, which is confirmed by a marriage certificate. I.A.O. was first examined from October 31, 1989 to May 12, 1994, he was found the first disability group. The disability certificate of CS No. 261053, CP No. 164712 was issued. According to the death certificate of I.A.O. He died on January 26, 2005. I.G.Z. filed a statement to establish the fact of legal significance - caring for the disabled spouse I.A.O. in the period from 1996 to the day of his death. At the hearing, I.G.Z. supported the demands and asked to establish the fact of caring for a disabled spouse. It is necessary for her to calculate the length of service when applying for a pension. Since the second illness of her husband, she has not worked, as it was necessary to constantly take care of him. The interested party of the Russian State Institution "Department of the Committee of Labor, Social Protection and Migration of the Ministry of Health and Social Development of the Republic of Kazakhstan in Kostanay region" has been duly notified. An application was received to consider the case without their participation. They do not object to meeting the requirements. According to part 1 of Article 305 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter CPC), the court establishes the facts on which the emergence, modification or termination of personal or property rights of citizens or legal entities depends. Article 306 of the CPC stipulates that the court establishes facts of legal significance only if it is impossible for the applicant to obtain proper documents certifying these facts in another manner, or if it is impossible to restore lost documents. In accordance with subparagraph 6 of paragraph 1 of Article 13 of the Law of the Republic of Kazakhstan "On Pension Provision in the Republic of Kazakhstan" (hereinafter referred to as the Law), when calculating the length of service for assigning pension payments from the Center, the time of caring for a disabled person of the first group, a single disabled person of the second group and an old-age pensioner in need of outside help, as well as the elderly, having reached the age of eighty. Subparagraph 2) Paragraph 4 of the Rules for the Provision of State basic pension Payments from Budgetary Funds, as well as the appointment of age-related pension payments, state social benefits for disability, survivor's loss, and State special benefits, approved by Order of the Minister of Health and Social Development of the Republic of Kazakhstan No. 223 dated April 14, 2015, as one of the documents confirming the length of service for the appointment of pension payments. age-related payments are a court decision confirming the fact of implementation and the period of care for a disabled person of the first group., a single disabled person of the second group and a pensioner in need of outside help, an elderly person who has reached the age of eighty, a disabled child under the age of sixteen.
In accordance with subparagraph 9) of paragraph 2 of Article 4 of the Law, the length of service in the pension system, when providing state basic pension payments, includes the time spent caring for a disabled person of the first group, a single disabled person of the second group and a pensioner of the 3rd age in need of outside help, as well as for the elderly who have reached the age of eighty. The court established, according to the marriage certificate, I.A.O., is the spouse of I.G.Z. Further, according to the certificate of I.A.O. He was first examined from October 31, 1989 to May 12, 1994, and was assigned the first disability group. The disability certificate of CS No. 261053, CP No. 164712 was issued. According to disability certificate No. 188, he is a disabled person of the first group, in need of constant outside care. Witnesses Zh.G.A. and I.Zh.A. confirmed that I.G.Z. provided her husband with medical care at home, as he really needed outside care. Thus, the court established that, in the period from September 5, 1996 to the day of her death on January 26, 2005, the applicant was caring for her husband, who was a disabled person of the first group.
To establish the specified legal fact of caring for a disabled person of the first group, it is necessary for her to include this period in her work experience in order to assign age pension payments. Guided by Articles 223-226 of the Civil Procedure Code of the Republic of Kazakhstan, the court DECIDED: To satisfy I.G.Z.'s statement on the establishment of a fact of legal significance for caring for a spouse with a disability of the first group. To establish the legal fact of I.G.Z.'s care for the disabled person of the first group, I.A.O., born on November 30, 1961, in the period from September 5, 1996 to January 26, 2005.
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