Establishing the length of service of participation in the pension system when providing a state basic pension payment, the time of care 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 for an elderly person who has reached the age of eighty is counted.

By virtue of subparagraph 9) of paragraph 2 of Article 4, subparagraph 6) of paragraph 1 of Article 13 of the Law of the Republic of Kazakhstan "On Pension Provision in the Republic of Kazakhstan", 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 an old-age pensioner in need of outside help. assistance, as well as for the elderly who have reached the age of eighty. She appealed to the court against the actions of the RSU "Department of the Committee for Labor, Social Protection and Migration in the East Kazakhstan Region" (hereinafter referred to as the Department), and asked the authorized body to include in the length of service in the pension system when providing state basic pension payments the time spent caring for an elderly woman who has reached the age of 80 and is in need. in the period from October 8, 2007 to October 12, 2017. The Ust-Kamenogorsk City Court's decision of January 22, 2019 partially satisfied the application.

Establishing the length of service of participation in the pension system

It was decided to declare illegal the actions of the Department to refuse on November 28, 2018 to include Sh in the length of service for the provision of state basic pension payments. the time of care for an elderly person who has reached the age of 80, and oblige to eliminate the violation in accordance with the requirements of the law. In satisfying the requirements for the obligation to include in the length of service of participation in the pension system, when providing state basic pension payments, the time spent caring for the elderly F. in the period from October 8, 2007 to October 12, 2017, it was refused. By the decision of the Judicial Board for Civil Cases of the East Kazakhstan Regional Court dated April 4, 2019, the court's decision remained unchanged. It was decided to redraft the third paragraph of the operative part of the decision as follows: "To oblige the Russian State Institution Department of the Committee of Labor, Social Protection and Migration of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan in the East Kazakhstan region to include in the length of service of participation in the pension system when providing the state basic pension payment to Sh. the time of care for the elderly F., who has reached the age of 80 and needs outside care, in the period from October 8, 2007 to October 12, 2017." The Judicial Board for Civil Cases of the Supreme Court upheld the decision of the appellate instance on the following grounds. It follows from the case file that the decision of the Ust-Kamenogorsk City Court of September 11, 2018 established the fact of the implementation of Sh. caring for F.'s elderly mother, who reached the age of 80, in the period from October 8, 2007 to October 12, 2017.

Upon reaching retirement age, Sh. applied to the Department for a state basic pension payment, attaching as proof of her length of service in the pension system the court decision of September 11, 2018. The department refused Sh. in the calculation of the length of service in the pension system of the time spent caring for the elderly F. due to the fact that she was the applicant's own mother. In satisfying Sh.'s demands, the courts of the first and appellate instances proceeded from the fact that the legislator had provided for the possibility of crediting the time of care for an elderly person who had reached the age of eighty to the length of service in the pension system, provided that the fact of implementation and the period of care were confirmed by a court decision. The Judicial Board considers that the contested judicial acts are lawful and justified on the following grounds. In accordance with part 1 of Article 6 of the Civil Code of the Republic of Kazakhstan, the norms of civil legislation must be interpreted in accordance with the literal meaning of their verbal expression. By virtue of subparagraph 9) of paragraph 2 of Article 4, 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), 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 those in need of outside help, as well as for the elderly who have reached the age of eighty.

According to paragraph 4 of the Rules for the provision of State basic pension payments from budgetary funds, as well as the appointment and implementation of pension payments, state basic social benefits for disability, loss of breadwinner and age, state special benefits from an authorized organization, approved by Order of the Minister of Health and Social Development of the Republic of Kazakhstan dated April 14, 2015 No. 223 in order to assign pension payments to the documents listed in paragraph 3 of these Rules , the applicant shall provide: a court decision, confirming the fact and the period of care for a disabled person of the first group, a single disabled person of the second group and an elderly pensioner in need of outside help, an elderly person who has reached the age of 80, a disabled person under the age of sixteen. The Judicial Board believes that it follows from the meaning and content of the above norm that the legislator has provided for the time of care for the elderly, who have reached the age of eighty, to be counted in the length of service in the pension system when providing state basic pension payments, subject to confirmation of this fact by a court decision. The fact of the implementation of S. The care of F.'s elderly mother, who has reached the age of 80 and needs constant outside care, was confirmed by the decision of the Ust-Kamenogorsk City Court of September 11, 2018.

Establishing the length of service of participation in the pension system

It should be noted that the norms of the Law and the Rules do not provide for the degree of kinship of an elderly person who has reached the age of seventy with the person caring for him. In such circumstances, the judicial board considers that the Department's decision to refuse to include Sh in the length of service for the provision of state basic pension payments. the period established by the court is illegal and does not comply with the norms of law. These conclusions of the court are consistent with the position of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan, which states that the length of service for awarding pensions to persons who actually provide care, including native children caring for elderly parents, includes the time of care for the elderly who have reached the age of seventy. Consequently, the applicant's arguments that the length of service in the pension system includes time spent caring for the elderly only if the elderly person is single are untenable. 

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