On the ratification of the Agreement on Pension Provision for Workers of the Member States of the Eurasian Economic Union

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The Law of the Republic of Kazakhstan dated December 7, 2020 No. 381-VI SAM.

To ratify the Agreement on Pension Provision for Workers of the member States of the Eurasian Economic Union, signed in St. Petersburg on December 20, 2019.

President of the Republic of Kazakhstan

K. TOKAEV

Agreement on Pension Provision for Workers of the Member States of the Eurasian Economic Union

The Member States of the Eurasian Economic Union, hereinafter referred to as the Member States,

guided by the desire to regulate relations in the field of pension provision for their citizens,

based on the Treaty on the Eurasian Economic Union of May 29, 2014,

have agreed on the following:

Article 1 Definitions

For the purposes of this Agreement, concepts are used that mean the following::

"State of residence" means the Member State in whose territory the employee's place of residence is located.;

"State of employment" is a Member State in whose territory a worker's pension rights are being formed or have been formed.;

"competent authority" is an institution (organization) of a Member State, whose competence includes issues related to the implementation of the legislation of its State in the field of pension provision;

"domicile" is the place of residence of an employee, defined or recognized as such in accordance with the legislation of a Member State.;

"accumulative pensions" - mandatory accumulative pension in the Republic of Armenia, pension payments from the unified accumulative pension fund at the expense of formed pension contributions in the Republic of Kazakhstan, the accumulative part of the pension and payments from pension savings in the Kyrgyz Republic, accumulative pension and other payments from pension savings in the Russian Federation;

"personal data processing" means any action (operation) performed with personal data with or without the use of automation tools (including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data) or a combination of such actions (operations);

"pensions" - monetary payments specified in paragraph 2 of Article 2 of this Agreement, including payments (surcharges) and increases established for pensions in accordance with the legislation of the Member State.;

"pension contributions":

in the Republic of Armenia - taxes and (or) other contributions that entitle to a pension;

in the Republic of Belarus - insurance contributions for compulsory pension insurance;

in the Republic of Kazakhstan - pension contributions to the unified accumulative pension fund;

in the Kyrgyz Republic - insurance contributions to the Pension Fund and the State Funded Pension Fund;

in the Russian Federation - insurance contributions for compulsory pension insurance;

"personal data" means information on electronic, paper and (or) other material media related to a specific or identifiable personal data subject, which directly or indirectly allows the identification of the subject's identity.;

"length of service" means the period of work and (or) other activities (including the payment of pension contributions), as well as other periods taken into account in accordance with the legislation of a Member State when determining the right to a pension and calculating its amount.;

"worker" means a citizen of a Member State whose pension rights are being formed or have been formed through employment or other activities on the territory of another Member State.;

"authorized bodies" - the executive authorities of a Member state that regulate pensions and (or) regulate the activities of bodies (institutions) that conduct medical and social expertise (comprehensive examination);

"family member" means a person who is married to an employee, as well as dependent children and other persons who are recognized as family members in accordance with the legislation of the State of employment.

Other concepts used in this Agreement are applied in the meanings defined by the Treaty on the Eurasian Economic Union of May 29, 2014 and the legislation of the relevant member State.

Article 2 Range of persons and scope of application

1. This Agreement applies to workers and family members.

2. This Agreement applies to the following pensions:

2.1. In the Republic of Armenia:

1) labor pension:

by age;

on preferential terms;

for years of service;

disability reasons;

on the occasion of the loss of the breadwinner;

partial;

2) compulsory funded pension:

annuity;

program payment;

one-time payment;

one-time payment to heirs.

At the same time, a compulsory funded pension in the Republic of Armenia is assigned and paid in accordance with the legislation of the Republic of Armenia.

2.2. In the Republic of Belarus:

labor pension:

by age;

for years of service (except for pensions of military personnel, persons equated to them, their family members and civil servants);

disability reasons;

on the occasion of the loss of the breadwinner.

2.3. In the Republic of Kazakhstan:

pension payments from the unified accumulative pension fund at the expense of generated pension contributions:

upon reaching retirement age;

when disability of the first and second groups is established, if the disability is established indefinitely;

one-time payment to heirs.

2.4. In the Kyrgyz Republic:

1) State social insurance pensions: by age;

disability reasons;

on the occasion of the loss of the breadwinner;

2) the funded part of the pension from the funds of the state funded pension fund;

3) payments from pension savings from the state funded pension fund.

2.5. In the Russian Federation:

1) insurance pension:

for old age;

disability reasons;

on the occasion of the loss of the breadwinner;

2) a fixed payment to an insurance pension, an increase and (or) an increase in a fixed payment to an insurance pension and an additional payment to an insurance pension, unless otherwise provided by this Agreement;

3) funded pension and other payments from pension savings.

3. Other types of pensions (allowances) are assigned and paid in accordance with the legislation of the State of residence of the employee (family member).

4. This Agreement also applies to relations regulated by pension legislation, which modifies and/or supplements the provisions specified in paragraph 2 of this Article and does not contradict the provisions of this Agreement.

Article 3 Equal rights of workers

1. The formation of workers' pension rights is carried out at the expense of pension contributions on the same terms and in the same manner as the formation of pension rights of citizens of the State of employment.

2. The exercise of the right to award and pay pensions to workers (family members) is carried out on the same terms as for citizens of the State of employment.

3. An employee (family member) has the right to apply for the appointment and payment of a pension to the competent authority of the State of residence and (or) to the competent authority of the State of employment.

The date of submission of the application and other documents for pension provision to the competent authority of one Member State is considered to be the date of their submission to the competent authority of another Member State.

The deadline for sending documents between the competent authorities within the framework of the implementation of this Agreement is not included in the deadline for reviewing the application and making a decision on the establishment of a pension.

4. An employee (family member) may not be denied the appointment and payment of a pension on the basis of residence in the territory of another Member State, unless otherwise provided by this Agreement.

Article 4 Equality of territories and export of pensions

1. Pensions are paid by the competent authorities, including if the employee (family member) resides in the territory of another Member State.

An employee (family member) has the right to receive a pension in the territory of the State of residence or the Member State that awarded the pension.

2. The amount of pensions may not be reduced, their payment may not be suspended or terminated on the basis of the residence of the employee (family member) in the territory of another Member State, unless otherwise provided by this Agreement.

3. The provisions of the first paragraph of paragraph 1 and paragraph 2 of this Article shall not apply to payments (surcharges) that, in accordance with the legislation of a Member State, are established taking into account the residence of the employee (family member) in the territory of that Member State.

4. The following cash payments are made only if the employee resides in the territory of the relevant Member State:

1) in the Republic of Armenia - the basic pension as part of a labor pension and pension supplement;

2) in the Republic of Belarus - a part of a pension calculated on the basis of periods of other activity and (or) other periods without payment of pension contributions taken into account in accordance with the legislation, as well as allowances, payments (surcharges) and increases established for retirement;

3) in the Kyrgyz Republic - the basic part of the pension and payments from the budget of the Kyrgyz Republic;

4) in the Russian Federation, a fixed payment to an insurance pension, an increase and (or) an increase in a fixed payment to an insurance pension and an additional payment to an insurance pension, and the valorization of pension rights in monetary terms.

5. When establishing additional payments and other payments provided for by the legislation of a Member State, pensions assigned to an employee (family member) in all Member States are taken into account.

6. When an employee (family member) is relocated from the territory of one Member State to the territory of another Member State, if the employee (family member) has exercised the right to a pension prior to relocation, it shall be reviewed (recalculated) using article 12 of this Agreement. At the same time, the right to a pension for work experience acquired after the entry into force of this Agreement is not reviewed.

Article 5 The right of a family member to a pension

1. In the event of the death of an employee, a family member is entitled to a pension in accordance with the laws of the Member States.

2. When determining the right to a pension, the amount of which, in accordance with the legislation of the Member State awarding the pension, depends on the number of family members, all family members are taken into account.

Article 6 Realization of the right to a pension

1. The appointment and payment of a pension in accordance with the legislation of one Member State does not affect the right of an employee (family member) to simultaneously appoint and pay a pension of this and (or) another type in accordance with the legislation of another Member State.

2. Subject to the provisions of this Agreement, a pension is awarded by the competent authority of a Member State when an employee (family member) has the right to a pension in accordance with the legislation of that Member State, regardless of the date on which that employee (family member) has the right to a pension in accordance with the legislation of another Member State.

Article 7 Determination of the right to a pension

1. Each Member State determines the right to a pension in accordance with its legislation based on the length of service acquired in its territory, taking into account the provisions of this Agreement.

2. If the length of service acquired in the territory of one Member State is insufficient to qualify for a pension, the length of service acquired in the territories of other Member States in accordance with the legislation of each Member State shall be taken into account, except in cases where such length of service coincides in time.

3. In the Russian Federation, when determining the right to a pension in accordance with paragraph 1 of this article, the value of the individual pension coefficient is determined for periods of work experience acquired on the territory of the Russian Federation, as well as on the territory of the former Union of Soviet Socialist Republics.

If the value of the individual pension coefficient determined in accordance with the first paragraph of this paragraph is insufficient to qualify for a pension, the value of the individual pension coefficient equal to 1 per 1 year of work experience acquired in the territories of the Member States shall be taken into account. At the same time, 1 month of work experience is 1/12 of the coefficient for a full calendar year, and 1 day is 1/360 of the coefficient for a full calendar year.

4. When determining the right to a pension in connection with work in a certain specialty, position or in certain working conditions and organizations in accordance with the legislation of one Member State, the same length of service acquired in the territory of another Member State with the length of service acquired in the territory of the first Member State is not combined, but is taken into account as work experience on a general basis.

5. The right to a pension, with the exception of a funded pension, as well as disability and survivor's work (insurance) pensions, in accordance with this Agreement, arises if there are at least 12 full months of work experience acquired in the territory of the Member State under whose legislation the employee (family member) is applying for a pension.

The right to an accumulative pension, as well as to an employment (insurance) disability pension, in case of loss of the breadwinner is established in accordance with the legislation of the Member State.

Article 8 Calculation of the pension amount

Each Member State shall calculate the pension amount based on pension rights acquired in accordance with its legislation and in accordance with the procedure established by the legislation of that Member State, taking into account the provisions of this Agreement.

Article 9 Medical examination and disability assessment

1. A medical examination of a worker (family member) in order to establish disability is carried out in accordance with the legislation of the State of residence at his place of residence.

2. Decisions on the group, duration and cause of disability (the degree of disability of the ability to work) are made, including in absentia, by the body (institution) carrying out medical and social expertise (comprehensive examination) of the Member State, according to whose legislation the appointment and payment of the corresponding pension are carried out.

If necessary, certificates and medical reports issued by the relevant institutions of other Member States are taken into account.

These decisions are made free of charge.

Article 10 Cooperation of the Member States

1. The Eurasian Economic Commission has the right to request information from the member States related to the subject matter of regulation of this Agreement, as well as to make recommendations on the application of this Agreement.

2. The authorized bodies shall inform each other of all changes in the legislation of their States concerning the scope of application of this Agreement.

3. Authorized bodies and competent authorities interact with each other (including using the integrated information system of the Eurasian Economic Union) on issues related to the implementation of this Agreement, free of charge.

The competent authorities shall provide each other, upon request or on their own initiative, with the necessary information on the circumstances relevant to the application of this Agreement, as well as take measures to establish these circumstances.

4. The competent authorities shall inform each other of the circumstances leading to a change in the amount of the pension or termination of its payment.

5. Documents required for the establishment of disability, determination of the right to a pension, appointment and payment of a pension, issued in accordance with the legislation of one Member State, are recognized by another Member State without carrying out the procedures established by the legislation of that other Member State for the recognition of such documents.

The competent authorities have the right to request from the employee (family member) a notarized translation of documents into the official language of the Member State appointing (paying) the pension, as well as, if necessary, to send appropriate requests for verification of documents or to use information obtained by accessing information databases.

6. Pension amounts overpaid to an employee (family member) by the competent authority of one Member State, if it is impossible to deduct independently due to the termination of pension payment, may be deducted in favor of this Member State from the pension provided for in paragraph 2 of Article 2 of this Agreement and paid by the competent authority of another Member State.

7. The implementation of this Agreement is carried out in accordance with the procedure for interaction between authorized bodies, competent authorities and the Eurasian Economic Commission on the application of the norms of this Agreement, approved by the Council of the Eurasian Economic Commission.

Article 11 Personal data

Personal data is transferred for the purpose of implementing this Agreement and is information of limited distribution (confidential).

The processing of personal data by authorized bodies and competent authorities is carried out in accordance with the legislation of the Member State.

Article 12 Transitional provisions

The appointment and payment of pensions are carried out in the following order:

For work experience acquired after the entry into force of this Agreement, a pension shall be awarded and paid by the Member State in whose territory the relevant work experience was acquired.;

for work experience acquired before the entry into force of this Agreement, a pension is awarded and paid in accordance with the legislation of the Member States and the Agreement on Guarantees of the Rights of Citizens of the Member States of the Commonwealth of Independent States in the Field of pension Provision dated March 13, 1992, and for the Republic of Belarus and the Russian Federation - the Agreement between the Russian Federation and the Republic of Belarus on cooperation in the field of social security dated January 24, 2006.

Article 13 Authorized bodies and competent authorities

Information on authorized bodies and competent authorities shall be submitted by the Member States to the Eurasian Economic Commission upon notification of the completion of internal procedures necessary for the entry into force of this Agreement.

The Member States shall notify the Eurasian Economic Commission within one month of changes in their authorized bodies or competent authorities.

Article 14 Final provisions

1. Disputes related to the application of this Agreement shall be resolved in accordance with the procedure established by the Treaty on the Eurasian Economic Union of May 29, 2014.

2. By mutual agreement of the Member States, amendments may be made to this Agreement, which are formalized in separate protocols.

3. This Agreement is an international agreement concluded within the framework of the Eurasian Economic Union and is included in the law of the Eurasian Economic Union.

4. This Agreement shall enter into force on the date of receipt by the depositary, through diplomatic channels, of the last written notification on the completion by the Member States of the internal procedures necessary for the entry into force of this Agreement.

Done in St. Petersburg on December 20, 2019, in one original copy in Russian.

The original copy of this Agreement shall be kept at the Eurasian Economic Commission, which, as the depositary of this Agreement, will send each member State a certified copy thereof.

For the Republic of Armenia

For the Republic of Belarus

For the Republic of Kazakhstan

For the Kyrgyz Republic

For the Russian Federation

I hereby certify that this text is a complete and authentic Agreement on Pension Provision for Workers of the Member States of the Eurasian Economic Union, signed on December 20, 2019 in St. Petersburg.:

for the Republic of Armenia – Prime Minister of the Republic of Armenia Nikol Pashinyan;

for the Republic of Belarus – President of the Republic of Belarus Alexander Lukashenko;

for the Republic of Kazakhstan – by the President of the Republic of Kazakhstan K.K. Tokayev;

for the Kyrgyz Republic – President of the Kyrgyz Republic S.Sh. Jeenbekov;

for the Russian Federation – President of the Russian Federation Vladimir Putin.

The original copy is kept at the Eurasian Economic Commission.

Director of the Legal Department Of the Eurasian Economic Commission

V. I. Taraskin

President

Republic of Kazakhstan

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