On the compulsion to include the basic pension provided for by law in the amount of a previously assigned pension, recalculate the monthly pension payment and other payments, and transfer new calculations to the appropriate authorities for payments.
No. 6001-23-00-6ap/1107 dated 11/28/2023
Plaintiff: R.B.
Respondent: "Department of Economic Investigations of the Agency of the Republic of Kazakhstan for Financial Monitoring" (hereinafter – DER)
Interested parties: State Institution "Agency of the Republic of Kazakhstan for Financial Monitoring" (hereinafter – the Agency), State Institution "Committee of Labor and Social Protection of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan"
The subject of the dispute: the compulsion to include the basic pension provided for by law in the amount of a previously awarded pension, recalculate the monthly pension payment and other payments, and transfer new calculations to the appropriate authorities for payments.
Review of the plaintiff's cassation complaint PLOT:
On May 25, 2018, R.B. was dismissed from the Economic Investigation Service of the State Revenue Department, due to reaching the age limit for service, without the right to pension provision.
In December 2020, the plaintiff was assigned a pension payment for years of service starting from the moment of dismissal in May 2018.
On July 11, 2022, the plaintiff applied to the DEHR for inclusion in the amount of the basic pension previously assigned to him and for recalculation
pension payments and transfer of calculations of pension payments to the relevant authorities for making payments. At the same time, on July 11, 2022, the plaintiff applied to the Agency for a basic pension and a recalculation of the pension payment.
The defendant sent a response with a preliminary decision to the plaintiff on July 26, 2022. On July 28, 2022, the Agency sent a final reply to the plaintiff rejecting the application.
Considering this refusal to be illegal, the plaintiff appealed to the court with the above-mentioned requirements to the DER.
Judicial acts:
1st instance: the claim was denied.
Appeal: the court's decision remains unchanged.
Cassation: judicial acts are upheld.
Conclusions: the local courts, rejecting the claim, reasonably proceeded from the following.
The Law of August 02, 2015 "On amendments and additions to certain legislative acts of the Republic of Kazakhstan on pension provision" deleted subparagraph 3) of paragraph 2 of Article 4 of the Law of the Republic of Kazakhstan "On Pension Provision in the Republic of Kazakhstan", which provided for the appointment of a state basic pension payment to military personnel.
Accordingly, given that the plaintiff retired after the exclusion of the specified provision of the Law, this provision is not applicable to the plaintiff.
These and other arguments of the courts are set out in detail in the contested judicial acts.
The Judicial Board notes that the decision of the specialized interdistrict administrative court of the city of N-S of September 13, 2022, which entered into force, denied a similar claim against the Agency.
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