Recognition of illegal actions on refusal to pay pension contributions, assignment of the obligation to pay pension contributions
No. 6001-22-00-6ap/2421 dated 05/11/2023
Plaintiff: S.N.
Respondent: Russian State Institution "Department of the Committee of Labor and Social Protection and Migration of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan"
The subject of the dispute: on the recognition of illegal actions of the defendant to refuse payment of pension contributions, the obligation to make payment of pension contributions for the period from July 1, 2020 to February 1, 2022
Review of the defendant's cassation complaint
PLOT:
Since 17.06.2015, S.N. has been granted an indefinite retirement pension. On June 1, 2020, the plaintiff left for permanent residence in the city of Krasnodar in the Russian Federation for treatment, while she did not change her citizenship of the Republic of Kazakhstan. When she was in the territory of the Russian Federation, she was not a recipient of pensions or other social benefits in the Krasnodar Territory.
In April 2021, the plaintiff returned to her former place of residence in the Republic of Kazakhstan, the city of P. Upon arrival, the plaintiff applied to the Department with a request for payment of her pension contributions, which were suspended from June 1, 2020 to February 1, 2022. The defendant refused to pay S.N. pension contributions, on the grounds of lack of identity verification, recommended contacting the Department to receive pension payments after receiving the specified document.
On 03/11/2022, the plaintiff received an identity card and on 03/24/2022, she was assigned an age pension. At the same time, the Department indicated to the plaintiff that there were no grounds for paying pension payments for the period from July 1, 2020 to February 1, 2022.
Judicial acts:
1st instance: the claim is satisfied.
Appeal: the decision remains unchanged.
Cassation: judicial acts are upheld.
Paragraph 52 of the "Rules for the provision of State basic pension payments from budgetary funds, as well as the appointment and implementation of age-related pension payments, State social benefits for disability, Survivor's loss, and State special benefits", approved by Order No. 223 of the Minister of Health and Social Development of the Republic of Kazakhstan dated April 14, 2015 (hereinafter - The Rules) provide that, in force at the time of payment of pensions and benefits to persons who have left the Republic of Kazakhstan for permanent residence and returned back, in case of non-receipt of payments in the country of departure, it is resumed from the date of termination of payment, but not more than three years before applying for their receipt upon presentation of a certificate of non-receipt of payments issued by authorized authorities of the country of departure.
This item was deleted on November 16, 2021.
The courts took into account that the plaintiff's first application for renewal of pension payments was filed on 04/18/2021, that is, prior to the exclusion of paragraph 52 of the Rules.
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