On the compulsion to recalculate the old-age pension assigned to him, taking into account income for a three-year period
No. 6001-24-00-6ap/2125 dated March 04, 2025
Plaintiff: M.N.
Respondent: Russian State Institution "Department of the Labor and Social Protection Committee of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan" (hereinafter referred to as the Department)
Interested person: NAO "State Corporation
"Government for citizens"
The subject of the dispute: the compulsion to recalculate the old-age pension assigned to him, taking into account income for the three-year period from September 2020 to September 2023
Review of the defendant's cassation complaint PLOT:
M.N. has been awarded an age pension since August 25, 2023, based on the average monthly income for the three-year period from May 2020 to April 2023.
The plaintiff, arguing that on August 28 and September 26, 2023, his employer delayed the transfer of mandatory pension contributions to the UAPF for the period from April to August 2023, which he became aware of later, appealed to the defendant to review the amount of pension payments, taking into account the above-mentioned deductions. The defendant refused to satisfy the application.
Having disagreed with this refusal, the plaintiff appealed to the court with the above requirements.
Judicial acts:
1st instance: the claim is partially satisfied. It was decided: to impose the duty on the Department to restore the violated rights of the plaintiff, taking into account the legal position of the court; to refuse to satisfy the rest of the claim.
Appeal: the decision of the court of first instance remains unchanged.
Cassation: judicial acts in this case are upheld.
Conclusions: in accordance with paragraph 2 of Article 210 of the Social Code of the Republic of Kazakhstan (hereinafter referred to as the Social Code), the amount of pension payments by age is calculated based on the average monthly income for any three consecutive years, regardless of work interruptions since January 1, 1998.
The plaintiff has been working continuously as a driver of a car company for about 20 years and is entitled to receive earned pension payments upon retirement due to reaching retirement age.
An initially defined three-year period (from May 2020 to April 2023) was chosen as the most beneficial for the plaintiff due to the fact that at the time of the plaintiff's application for pension payments from
August 25, 2023 employer's pension contributions for April-
August 2023 was not listed in the UAPF. Subsequently, these funds were transferred to the plaintiff's account with a delay only on August 28, 2023. However, the late payment of pension contributions by the employer should not infringe on the plaintiff's rights to receive appropriate pension payments.
Calculating the three-year period from September 2020 to August 2023, taking into account pension contributions, is the most favorable and beneficial for the plaintiff in determining the amount of pension payments.
One of the basic principles of State policy in the field of social protection is equality and the inadmissibility of restrictions on human and civil rights in the field of social protection (article 3 of the Social Code).
According to the court, the defendant formally treated the plaintiff's rights and did not take appropriate measures to protect and restore them.
Article 14 of the CPC prohibits an administrative body from abusing formal requirements.
These and other arguments of the courts are set out in detail in the contested judicial acts.
Since the circumstances of the case were established correctly, and the rules of law were applied correctly by the court of appeal, the collegium found no grounds for canceling or changing judicial acts.
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