On the recognition of illegal administrative acts on the refusal to make a new calculation of pension payments at the last place of service, the obligation to recalculate the amount of pension payments at the last place of service
No. 6001-24-00-6ap/2133 dated March 06, 2025
Plaintiff: B.S.
Respondent: State Institution "National Security Committee of the Republic of Kazakhstan" (hereinafter referred to as the Committee)
The subject of the dispute: on the recognition as illegal of the administrative acts of November 14 and December 8, 2023 on the refusal to make a new calculation of pension payments at the last place of service, the obligation to recalculate the amount of pension payments at the last place of service from June 30, 2002 to April 17, 2008 in accordance with the established procedure, taking into account the salary at the time of the second dismissals from service and seniority
Review of the plaintiff's cassation complaint PLOT:
B.S. served in the Committee's bodies from October 1980 to July 1997. In July 1997, he was dismissed from the service for health reasons and was awarded a retirement pension.
In June 2002, the plaintiff was called up to serve on the Committee again.
Pension payments have been discontinued since August 27, 2002.
On April 17, 2008, the plaintiff was re-dismissed with the resumption of the previously awarded superannuation pension, taking into account the indexation.
Currently, the plaintiff receives pension payments calculated according to the position he held at the time of his first dismissal (1997).
On October 26 and November 20, 2023, the plaintiff contacted the defendant regarding the appointment of retirement benefits for years of service, taking into account seniority and seniority at the time of re-dismissal. Accordingly, on November 14 and December 8, 2023, the defendant denied the application.
This circumstance served as the basis for the plaintiff to sue with the above requirements.
Judicial acts:
1st instance: the claim was denied.
Appeal: the decision of the court of first instance remains unchanged.
Cassation: judicial acts in this case are upheld.
Conclusions: according to paragraph 5 of Article 64 of the Law of the Republic of Kazakhstan
"On pension provision in the Republic of Kazakhstan" June 20, 1997
No. 136, which became invalid by the Law of the Republic of Kazakhstan dated June 21, 2013, upon the resumption of previously scheduled pension payments to pensioners from among military personnel, employees of special state and law enforcement agencies, as well as persons whose rights to hold military or special ranks, class ranks and wear uniforms were abolished on January 1, 2012, or in the case of reassignment of a pension from the Center to a superannuation pension is paid in the amount determined at the time of termination of payment of the superannuation pension, taking into account the indexation made in accordance with the procedure, established by the legislation of the Republic of Kazakhstan, for the period for which pension payment was suspended.
The re-dismissal of the plaintiff took place on April 17, 2008, therefore, the resumption of the previously awarded superannuation pension, taking into account the indexation, corresponds to the above-mentioned norm.
In accordance with the provision of paragraph 7 of Article 212 of the Social Code, persons who have served for 3 years again, upon re-discharge from service, have the right to choose to appoint a pension payment for years of service in accordance with paragraph 1 of this article, taking into account the length of service and salary at the time of re-discharge from service, or to resume previously appointed pension payments for the length of service, taking into account the increases made in accordance with the procedure established by the legislation of the Republic of Kazakhstan, for the period for which pension payments for years of service were suspended.
However, the provision of paragraph 7 of Article 212 of the Social Code does not apply to the plaintiff, since this Code of April 20, 2023 has no retroactive effect, therefore, according to Article 4 of the Civil Code of the Republic Kazakhstan applies to the relations that arose after its introduction into force.
According to paragraph 1 of Article 11 of the Law of the Republic Kazakhstan "On Legal Acts" (hereinafter referred to as the Law) all regulatory legal acts have direct effect, unless otherwise stipulated in the regulatory legal acts themselves or the acts on their enactment.
The 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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