Unofficial translation
In accordance with paragraph 2-1 of article 35 of the Constitutional Law of the Republic of Kazakhstan dated December 25, 2000 “On the judicial system and the status of judges of the Republic of Kazakhstan” the Government of the Republic of Kazakhstan HEREBY DECREES:
1. To approve the attached Rules for payment of monthly lifetime maintenance to a retired judge.
2. This decree shall enter into force from January 1, 2016 and shall be subject to official publication.
| Prime Minister | |
| of the Republic of Kazakhstan | К. Massimov |
| Approved by decree of the Government of the Republic of Kazakhstan dated November 28,2015 no.961 |
Rules for payment of monthly lifetime maintenance to a retired judge
1. General provisions
1. These Rules for payment of monthly lifetime maintenance to a retired judge (hereinafter referred to as the Rules), have been developed in accordance with paragraph 2-1 of article 35 of the Constitutional Law of the Republic of Kazakhstan dated December 25, 2000 “On the judicial system and the status of judges of the Republic of Kazakhstan” and shall determine the procedure of payment of monthly lifetime maintenance to a retired judge.
2. These Rules shall use the following definitions:
1) monthly lifetime maintenance – monetary payments to a retired judge, in accordance with the procedure, stipulated by paragraph 2-1 of article 35 of the Constitutional Law of the Republic of Kazakhstan dated December 25, 2000 “On the judicial system and the status of judges of the Republic of Kazakhstan” (hereinafter referred to as the Constitutional Law);
2) the recipient of monthly lifetime support - a retired judge, including one who resigned before January 1, 2016 in accordance with paragraphs 1, 1-1 and 2-1 of Article 35 of the Constitutional Law, who has reached the retirement age established by the Law of the Republic of Kazakhstan "On pension provision in the Republic of Kazakhstan," and submitted an application to the authorized body for organizational and material and technical support of the activities of the Supreme Court of the Republic of Kazakhstan, local and other courts;
3) the authorized body for organizational and material and technical support of the activities of the Supreme Court of the Republic of Kazakhstan, local and other courts (hereinafter referred to as the authorized body) - the Department for ensuring the activities of courts under the Supreme Court of the Republic of Kazakhstan (apparatus of the Supreme Court of the Republic of Kazakhstan) and its territorial divisions in the regions, cities of Nur-Sultan, Almaty and Shymkent;
4) State Corporation "Government for citizens" (hereinafter referred to as the State Corporation) - a legal entity created by decision of the Government of the Republic of Kazakhstan for the provision of public services, services for issuing technical specifications for connection to the networks of natural monopolies and services of subjects of the quasi-public sector in accordance with the legislation of the Republic of Kazakhstan, organization of work on receiving applications for the provision of public services, services on issuing technical conditions for connecting natural monopolies to networks, services of the subjects of the quasi-public sector and the issuance of their results to the service recipient on the principle "one window," as well as ensuring the provision of public services in electronic form, carrying out state registration of rights to real estate at its location.
Footnote. Paragraph 2 as amended by the decree of the Government of the Republic of Kazakhstan dated 21.04.2016 no. 239; dated 27.05.2019 No. 322 (shall enter into force upon expiry of ten calendar days after the day of its first official publication); dated 10.09.2019 No. 678 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).2. Assignment of monthly lifetime maintenance
3. A retired judge (hereinafter referred to as the applicant), shall submit to the authorized body at the place of the latter position held, an application on assignment (continuation) of monthly lifetime maintenance (hereinafter referred to as the application) in form, according to annex 1 to these Rules, attaching documents, indicated in paragraph 5 of these Rules.
Footnote. Paragraph 3 as amended by the decree of the Government of the Republic of Kazakhstan dated 21.04.2016 no. 239.4. The applicant shall submit an application to the authorized body in case when the right to receive monthly lifetime maintenance, stipulated by the Constitutional Law, occurs.
Submission of an application shall not be limited by timeframe.
5. The application shall be attached with the following documents:
1) a copy of an identification document, of the applicant, certified by the stamp of the authorized body when being verified with the original;
2) a copy of a certificate, confirming the status of the beneficiary of pension payments, certified by a stamp of the authorized body when being verified with the original for persons, being the beneficiaries of pension payments;
3) information about the bank account number;
4) a copy of a document, confirming the labour activity of the judge, established by article 35 of the Labour Code of the Republic of Kazakhstan, certified by the stamp of the authorized body when being verified with the original.
Footnote. Paragraph 5 as amended by the decree of the Government of the Republic of Kazakhstan dated 21.04.2016 no. 239.6. The application on assignment (continuation) of monthly lifetime maintenance shall be booked by the authorized body in the book for registration and accounting of the data on retirement of a judge, termination of the retirement of a judge, cessation and continuation of the retirement of a judge (hereinafter referred to as the book) on paper and electronic media in form, according to annex 2 to these Rules.
7. The authorized body shall form a case for every applicant, claiming for assignment (continuation) of monthly lifetime maintenance from the following documents:
1) the application on assignment monthly lifetime maintenance;
2) copies of the applicant’s identification document, certified by the stamp of the authorized body, submitted by the applicant;
3) copies of the certificate, confirming the status of the beneficiary of pension payments, for persons who are the beneficiaries of pension payments, certified by the stamp of the authorized body when being verified with the original;
4) information about the number of a bank account;
5) a document, confirming the retirement of a judge, provided by the personnel service of the authorized body;
6) a document confirming the necessary length of service for a judge provided by the personnel service of the authorized body;
7) a document on the amount of official salary for the last position held, provided by the financial service of the authorized body;
8) calculation of accrued lifelong maintenance of a judge provided by the financial service of the authorized body;
9) extracts from the order of the Chairman of the Supreme Court of the Republic of Kazakhstan on the cessation or continuation of the retirement of a judge provided by the personnel service of the authorized body.
8. The authorized body, within ten working days from the date of receipt of the applicant’s application, shall make a decision on the assignment (cessation, continuation) indicating the amount of monthly lifetime maintenance on the day of application submission or the refusal to appoint of monthly lifetime maintenance in the form according to Annex 3 to these Rules.
Conclusions on the refusal of the assignment (continuation) of monthly lifetime maintenance the applicant shall be made on the grounds stipulated by paragraph 3 of article 35 of the Constitutional Law.
9. A conclusion in writing shall be transmitted within three working days to the head of the authorized body to prepare an order for the appointment of monthly lifetime maintenance or for refusal to appoint it.
In case of refusal to assign monthly lifetime maintenance, the applicant shall be informed thereof in writing within three working days from the date of signing of the order of the authorized body.
10. The authorized body, within three working days from the date of signing the order for the assignment of monthly lifetime maintenance, shall send a notification to the State Corporation on the assignment of the monthly lifetime maintenance to the retiring judge (hereinafter referred to as the notification) to terminate the state basic pension payment and ( or) pension payments by age, and (or) pension payments for length of service in the form according to Annex 4 to these Rules.
Footnote. Paragraph 10 as amended by the decree of the Government of the Republic of Kazakhstan dated 21.04.2016 no. 239.11. In the event of a change of surname, first name or patronymic, bank account number, place of residence, the beneficiary of monthly lifetime maintenance within ten working days from the date of the said changes, shall submit an application with supporting documents to the authorized body for inclusion in the case file.
12. The monthly lifetime maintenance to a retired judge shall exclude simultaneous receipt of the state basic pension payment and (or) pension payments by age, and (or) pension payments for length of service.
13. Retirement benefits from retirement savings generated on his individual retirement account for a retired judge shall be made according to the procedure, determined by the legislation of the Republic of Kazakhstan on retirement insurance.
3. Determining the length of service and calculation of the amount of monthly lifetime maintenance
14. The amount of monthly lifetime maintenance of a retired judge shall be calculated according to the latter position held by the judge, according to the labour payment system for judges, valid on the date of application for payment of the specified maintenance.
15. The calculation of the amount of monthly lifetime maintenance of a retired judge shall be made in accordance with paragraph 2-1 of article 35 of the Constitutional Law.
16. The length of service for assignment of monthly lifetime maintenance of a retired judge shall include the period of employment as a judge from the date of appointment until the date of actual termination of powers in accordance with the Constitutional Law.
17. In case of cessation of the length of service as a judge, the total judicial experience shall be calculated in total, regardless of cessation, for the entire period of work as a judge.
18. In case of increase in the amount of remuneration of judges in accordance with the legislation of the Republic of Kazakhstan, the authorized body shall recalculate the monthly lifetime maintenance of a retired judge.
4. Execution of payment of monthly lifetime maintenance
19. Payment of monthly lifetime maintenance to a judge, retired after January 1, 2016 shall be made from the date of submission of the application on assignment of monthly lifetime maintenance to the authorized body.
Payment of monthly lifetime maintenance for persons, who are the beneficiaries of pension payments shall be made by the authorized body from the first day of a month, following the month of termination of state basic pension payment and (or) pension payments by the age, and (or) pension payments for length of service.
Information about termination of the state basic pension payment and (or) pension payments by the age, and (or) pension payments for length of service shall be provided by the State Corporation within five working days upon receipt of the notice.
Footnote. Paragraph 19 as amended by the decree of the Government of the Republic of Kazakhstan dated 21.04.2016 no. 239.20. When assigning and amending the amount of monthly lifetime maintenance, all sums, calculated in tiyns, shall be subject to rounding up to one tenge regardless of the amount of tiyns.
21. Payment of monthly lifetime maintenance shall be made by the authorized body based on the order on assignment of monthly lifetime maintenance to the bank account of the applicant.
5. Cessation, termination and continuation of payment of monthly lifetime maintenance
22. Payment of monthly lifetime maintenance shall be ceased in cases of:
1) cessation of the retirement of a judge and shall be continued in continuation of the retirement of the judge by the order of the Chairman of the Supreme Court of the Republic of Kazakhstan based on the grounds stipulated by paragraph 3 of article 35 of the Constitutional Law;
2) holding by a retired judge in accordance with the procedure established by the legislation of the Republic of Kazakhstan of an office, paid from the republican or local budget or from the funds of the National Bank of the Republic of Kazakhstan.
In case of cessation of holding an office paid from the republican or local budget or from the funds of the National Bank of the Republic of Kazakhstan, payment of monthly lifetime maintenance to a judge shall be continued.
Cessation, continuation of payment of monthly lifetime maintenance in the event stipulated by subparagraph 2) of this paragraph, shall be made on the basis of the order on cessation (continuation) of payment of monthly lifetime maintenance.
Footnote. Paragraph 22 as amended by the decree of the Government of the Republic of Kazakhstan dated 21.04.2016 no. 239.23. The payment of monthly lifetime support shall be terminated in case of termination of the resignation of the judge on the grounds provided for in paragraph 3 of Article 35 of the Constitutional Law.
In cases of death or the entry into force of a court decision declaring a retired judge dead, the payment of monthly lifetime support is carried out for the month of death inclusive.
Footnote. Paragraph 23 -in the wording of the Resolution of the Government of the Republic of Kazakhstan dated 27.05.2019 No. 322 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).24. Decision on termination, cessation and continuation of payment of monthly lifetime maintenance shall be made by the authorized body in accordance with the procedure, stipulated by paragraphs 3–9 of these Rules.
25. In cases of termination or continuation of payment of monthly lifetime maintenance, the authorized body within three working days shall send a notice to the State Corporation on termination or continuation of payment of monthly lifetime maintenance in form according to annex 4 to these Rules.
Footnote. Paragraph 25 as amended by the decree of the Government of the Republic of Kazakhstan dated 21.04.2016 no. 239.6. Keeping records of payments of monthly lifetime maintenance to retired judges
26. The authorized body shall keep records of retirement of a judge, termination of the retirement of a judge, cessation and continuation of the retirement of a judge as well as on decisions, made by the authorized body in the book on paper and electronic media.
| Annex 1 to the Rules of payment of monthly lifetime maintenance to a retired judge |
Footnote. Annex 1 as amended by the decree of the Government of the Republic of Kazakhstan dated 21.04.2016 no. 239.
| To the authorized body for payment of monthly lifetime maintenance ____________________________ from surname, name, patronymic (if any) residing at: ______________________ ____________________________ |
APPLICATION
Hereby I kindly ask you to assign (continue) to me, as a retired judge, monthly lifetime maintenance.
Judicial experience is ________________________________________________________
Last place of employment as the judge (judge, chairman, chairman of a collegiate body)
__________________________________________________________________________
_______________________________________________________________ of the court.
Relieved from this position on the basis of: a resolution of the Senate of Parliament of the Republic of Kazakhstan dated “__” no. __;
Order of the President of the Republic of Kazakhstan dated “__” no. __
(to fill in as necessary)
The application is attached with:
1. ___________________________________________________________
2. ___________________________________________________________
3. ___________________________________________________________
4. ___________________________________________________________
_____________________________________________________________
I shall be legally liable for reliability of documents submitted by me.
I undertake to inform the authorized body within ten business days about all changes, as well as a change in place of residence (including travel outside of the Republic of Kazakhstan), personal data, bank details.
I inform you that pension payments were previously assigned / not assigned from another department.
(underline as necessary)
I hereby give consent for processing of my personal data.
Signature of the applicant “__” __________ 20__.
| Annex 2 to the Rules of payment of monthly lifetime maintenance to a retired judge |
Book for registration and accounting of the data on retirement of a judge,
termination of the retirement of a judge, cessation and continuation of the
retirement of a judge
Started “_____” ____________ Ended “_____” ___________
Item no. | Date of submission | Applicant’s surname, name, patronymic | Applicant’s date of birth | IIN | Place of residence | Date of election or appointment | Date of retirement | Date of termination, cessation and continuation of retirement | Date of making the decision by the authorized body and the amount of monthly payment | Notice |
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
___________________________________________________________ sheets
(in figures and writing)
are numbered and tied up in the book
Place for stamp. Head ____________________________________
(surname, name, patronymic)
| Annex 3 to the Rules of payment of monthly lifetime maintenance to a retired judge |
Conclusion on assignment (cessation, continuation) or refusal in assignment of monthly lifetime maintenance
"__" ____________ 20____ г. № _________
In accordance with paragraph 2-1 of article 35 of the Constitutional Law of the Republic of Kazakhstan dated December 25, 2000 “On the judicial system and the status of judges of the Republic of Kazakhstan" __________________________________________________________
(surname, name, patronymic)
1. to assign monthly lifetime maintenance to the retired judge in the amount of
__________________________ tenge from “____” ___________ 20____.
2. to refuse in assignment of monthly lifetime maintenance to the retired judge,
__________________________________________________________________________
(grounds for refusal)
3. To cease payment of monthly lifetime maintenance to the retired judge,
__________________________________________________________________________
(grounds for cessation)
In the amount of ________________ tenge from “____” ___________ 20____.
4. To continue payment of monthly lifetime maintenance to the retired judge,
__________________________________________________________________________
(grounds for continuation)
In the amount of _________________ tenge from “____” ___________ 20____.
Head of Personnel Service (surname, name, patronymic, signature)
Head of Financial Service (surname, name, patronymic, signature)
| Annex 4 to the Rules of payment of monthly lifetime maintenance to a retired judge |
NOTICE on assignment (termination or continuation) of monthly lifetime maintenance to a retired judge
Surname __________________________________________________________________
Name _____________________________________________________________________
Patronymic ________________________________________________________________
Address of residence (actual) _________________________________________________
Identification document:
No. __________________________________________________________
Issued by ___________on “_____” _____________ _______ ____________
IIN ___________________________________________________________
Order of the authorized body dated “____” ___________ 20____. no. ____
The monthly lifetime maintenance to the retired judge is assigned (terminated or continued) since “____” ___________ 20____.
_____________________________________________________________________
Bank details and details of the beneficiary’s bank account
MFO (sort code)
___________________________________________________________________
___________________________________________________________________
BIN of the bank _________________________________________________________
Shall be the grounds for termination or assignment of state basic pension payment and (or) pension payments by age, and (or) pension payments for length of service
Place for seal | Head |
______________ |
___________________________ |
