Turkmen Code Of Social Protection Of Population

Original Language Title: Кодекс Туркменистана о социальной защите населения

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Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=8388


On approval and enactment of the Code of Turkmenistan on
social protection

(Bulletin of the Mejlis of Turkmenistan, 2012, number 3-4, art. 91)

Article 1. To approve the Code of Turkmenistan on the social protection of the population.

Article 2. To enact the Code of Turkmenistan on the social protection of the population from 1 January 2013 year.

Article 3. From the date of entry into force of the Code of Turkmenistan on the social protection of the population shall be abrogated:
Code of Turkmenistan "On Social Security", approved by the Law of Turkmenistan on March 17, 2007 (Bulletin of the Mejlis of Turkmenistan, 2007, number 1, item 23).;
Law of Turkmenistan "On amendments and additions to the Code of Turkmenistan" On Social Security ", adopted October 23, 2008 (Bulletin of the Mejlis of Turkmenistan, 2008, № 4, Art. 66);
Law of Turkmenistan "On Amendments to the Code of Turkmenistan" On Social Security ", adopted on 6 March 2009 (Bulletin of the Mejlis of Turkmenistan, 2009, number 1, Art. 24);
Law of Turkmenistan "On amendments and additions to the Code of Turkmenistan" On Social Security ", adopted on 1 January 2010 (Bulletin of the Mejlis of Turkmenistan, 2010, № 1, Article 4);
Law of Turkmenistan "On Amendments to the Code of Turkmenistan" On Social Security ", adopted April 22, 2010 (Bulletin of the Mejlis of Turkmenistan, 2010, № 2, Article 27.);
Law of Turkmenistan "On amendments and additions to the Code of Turkmenistan" On Social Security ", adopted on 26 November 2010 (Bulletin of the Mejlis of Turkmenistan, 2010, № 4, Article 75.);
Law of Turkmenistan "On amendments and additions to the Code of Turkmenistan" On Social Security ", adopted on 26 March 2011 (Bulletin of the Mejlis of Turkmenistan, 2011, number 1, Art. 25);
Law of Turkmenistan "On amendments and additions to the Code of Turkmenistan" On Social Security ", adopted on 21 May 2011 (Bulletin of the Mejlis of Turkmenistan, 2011, № 2, Art. 44);
Law of Turkmenistan "On Amendments to the Code of Turkmenistan" On Social Security ", adopted on 14 December 2011 (Bulletin of the Mejlis of Turkmenistan, 2011, № 4, p. 91).

Article 4 of the Code of Turkmenistan on social protection extends to the legal relations arising in the field of social protection after its entry into force.
If the relationship in the field of social protection of the population arose before the entry into force of the Code of Turkmenistan on the social protection of the population, its provisions shall apply to the rights and obligations that arose after its entry into force.

In cases where, after the entry into force of the Code of Turkmenistan on social protection in the regulation of social protection of the population of relations there are contradictions or deteriorating legal status of participants in the field of social protection, the provisions of this Code shall apply.

Article 5. Until bringing the laws and other normative legal acts of Turkmenistan in accordance with the Code of Turkmenistan on the social protection of the population, they are in so far as it does not contradict it.

Article 6. The Cabinet of Ministers of Turkmenistan in the three months to bring the normative legal acts of Turkmenistan in accordance with the Code of Turkmenistan on the social protection of the population.

President Gurbanguly Berdimuhamedov of Turkmenistan


Mountains. Ashgabat
19 October 2012
number 340-IV.


CODE OF TURKMENISTAN ON SOCIAL PROTECTION OF POPULATION

This Code sets out the legal, organizational, economic bases of social protection of the population of Turkmenistan establishes state guarantees of pensions on the basis of the state pension insurance, providing government benefits certain categories of citizens, as well as determine the measures of social protection of veterans and people with disabilities.

SECTION I. GENERAL PROVISIONS

Article 1. Basic concepts

1. -, Capital of persons insured in the mandatory pension insurance system, which is calculated for the period of their work before the introduction of conditional accumulative pension system
1) the primary pension conditional capital: The following basic concepts are used for the purposes of this Code
2) state benefit - part of the state system of social protection of the population in the form of cash payments to citizens in the event of their right to benefits;
3) disabled person - a person with long-term physical, mental, intellectual or sensory impairments, due to which he had limited opportunities for full and effective participation in society;
4) pension - part of the state system of social protection in the form of cash payments to persons insured in the state pension insurance, when the insured event;
5) conditionally funded pension system - state pension system, based on compulsory types of insurance and maintenance of pension personified accounting of pension contributions and the primary conditional pension capital of insured persons;

6) funded pension system - state pension system based on voluntary pension insurance and maintenance of personified accounting of pension contributions and the retirement capital of the insured persons.
7) orphans - children whose both parents have died, or a single parent;
8) children without parental care - children left without parental care in cases where parents are deprived of parental rights, limited parental rights, declared missing, incapable (partially capable), declared dead, they shy away from raising their children or protect their legitimate rights and interests, including refuse to take their children out of the relevant child care, social agencies, or other similar institutions, as well as in other cases.
2. In this Code, other terms are used in the meanings of certain civil and other legislation of Turkmenistan, as well as the relevant articles of this Code.
(As amended by the Law of Turkmenistan on August 29, 2013 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Article 2. Social protection

Social protection of the population in Turkmenistan is a state system of material support and social services for persons with disabilities, persons with disabilities, families with children and others carried out by means of payments in the form of pensions, state benefits and provision of social benefits.

Article 3. State policy in the sphere of social protection

State in the field of social protection of the population policy aims to:
1) providing a unified policy in the field of social protection;
2) the implementation of the citizens guaranteed by the Constitution of Turkmenistan the right to social protection;
3) improvement of the management system of social protection of the population and its legal basis;
4) maximum coverage of the economically active population of pension insurance;
5) ensuring the financial sustainability of the social protection system;
6) raising the level of pensions;
7) ensuring payment of pension contributions in certain periods for certain categories of citizens at the expense of public sources of funding.

Article 4. Legislation of Turkmenistan on social protection

1. Turkmenistan's legislation on social protection of the population based on the Constitution of Turkmenistan and consists of this Code and other normative legal acts of Turkmenistan regulating the issues of social protection of the population.

2. If an international treaty of Turkmenistan establishes other rules than those stipulated by this Code, the rules of the international treaty.

Article 5. Scope of this Code

1. The present Code applies to the relations connected with the implementation of the citizens of Turkmenistan the right to pension and social security in the manner and on terms established by this Code.
2. Foreign citizens and stateless persons permanently residing in Turkmenistan have the right to a pension and social security as Turkmen citizens on the terms and conditions set forth in this Code, unless otherwise provided by international treaty of Turkmenistan.

Article 6. The basic values ​​of

For the calculation of the minimum pensions, as well as the calculation of state benefits act of the President of Turkmenistan sizes established baselines.

Article 7. Appointment of pensions, state benefits

1. Pensions and government benefits are appointed by the local authorities of Turkmenistan of the Pension Fund on the terms and conditions provided by this Code, with the exception of personal pension and state benefits for temporary disability, the state allowance for pregnancy and childbirth.
2. Personal pension shall be granted a special Commission under the President of Turkmenistan. 3
. State benefits for temporary disability and public benefits for pregnancy and childbirth are appointed by employers to their main place of work of the recipients of these government benefits in the manner and subject to the conditions provided by this Code.

Article 8. General provisions on the payment of pensions, state benefits, lump sum cash awards and one-time cash assistance

1. Payment of pensions, supplementary pensions, state benefits and allowances to them, except for the payments provided for in Articles 47, 82,83 and 92 of this Code, as well as payment of one-time cash awards and one-time financial assistance are made through banks in the order established by the Pension Fund of Turkmenistan in coordination with the Central Bank of Turkmenistan.
2. Pensions, state benefits are paid from the date of the appointment for the current month every month. 3
. Pensions, state benefits at the request of the beneficiary may be transferred to his account opened in the bank. In this case, the person receiving a pension or state benefits, once every six months are required to register with the relevant local authority of the Pension Fund of Turkmenistan.

4. Pension Fund of Turkmenistan on the basis of an agreement concluded with the banks, pays banking to make payments of pensions and state benefits produced at the expense of the Pension Fund.
5. Services related to the payment of government benefits, one-time cash awards and one-time financial assistance, made by the Pension Fund of Turkmenistan at the expense of the State Budget of Turkmenistan are carried out by banks free of charge.
6. Payment of pensions, state benefits and lump-sum cash awards at the place of residence of citizens or on their written request can be made at the place of residence of priority.
7. Pensions, state benefits and lump-sum compensation is paid to the recipient personally.
8. Working pensioners pension is paid in full.
9. Pensions on the loss of a breadwinner children who are on full state support, and children left without parental care are transferred to local bodies of the Pension Fund of Turkmenistan on their accounts opened at the bank. On the money of orphans and children left without parental care, in bank accounts bear interest at a rate defined by the contract deposit (deposit), concluded with the bank, but not below the refinancing rate set by the Central Bank of Turkmenistan.
Pensions for orphans and children left without parental care, held in bank accounts, paid on reaching the age of majority on the basis of their requests.
(As amended by the Law of Turkmenistan on August 29, 2013 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

SECTION II. STATE PENSION PROVISION


Chapter 1. GENERAL PROVISIONS

Article 9. State pension

1. State pensions in Turkmenistan is realized by the state pension insurance.
2. Citizens of Turkmenistan may not be limited to the right to a state pension.

Article 10. Pension systems

1. The basis of the pension system in Turkmenistan are conventionally funded pension system and a funded pension system.
2. Conventionally, the accumulative pension system is based on mandatory pension contributions and the mandatory occupational pension contributions paid by insurers, payers of pension contributions in accordance with the Law of Turkmenistan "On State Pension Insurance". 3
. Funded pension system is based on the pension contributions paid by nationals in accordance with the contract of voluntary pension insurance.


Article 11. State guarantees pension

1. The state pension ensures:
1) indexation of pensions sizes designated for distribution and conventionally funded pension systems;
2) in order to ensure the comparability of pensions assigned in different pension systems, starting in 2014 to complete the transition to conditional accumulative pension system, the annual indexation of pensions amounts to a correction factor of 1.01, with the exception of pensions, calculated on the basis of basic value;
3) the calculation of the primary pension conditional capital citizens for the period of probation prior to the introduction of accumulative pension system, conditional indexation of pension capital;
4) the safety of pension savings for the pension system, the appointment and payment of funded pensions in accordance with the conditions provided by this Code;
5) prevent the transfer of pension savings of citizens to another person, except in cases specified by law;
6) the payment of pension contributions in the individual periods.
2. Indexing provided for in paragraphs 1 and 2 of this Article shall be made at the same time. 3
. Pensions citizens arriving for permanent residence in Turkmenistan and retired from Turkmenistan is guaranteed under the terms of international treaties of Turkmenistan governing the pensions of citizens.
(As amended by the Law of Turkmenistan of 8 November 2014 -.. Bulletin of the Mejlis of Turkmenistan, 2014, № 4, st.152)

Chapter 2. MANAGEMENT OF THE PENSION SYSTEM OF TURKMENISTAN


Article 12 of the pension system is controlled Turkmenistan

Pension system management of Turkmenistan carries out the Pension Fund of Turkmenistan, the Ministry of Labour and Social Welfare of Turkmenistan (hereinafter - the Pension Fund of Turkmenistan) in accordance with the law and its Regulations.

Article 13. The budget of the Pension Fund of Turkmenistan

1. The budget of the Pension Fund of Turkmenistan in the form approved by the Law of Turkmenistan.
2. Structure, order preparation, review, approval of the budget of the Pension Fund of Turkmenistan and its execution are determined by the legislation of Turkmenistan.

Chapter 3. Pension capital

Article 14. Conditional pension capital

1. Conditional pension capital - nominal capital of the insured persons, consisting of the sum of the primary conditional pension assets and pension contributions for compulsory state pension insurance and accrued contingent income from their indexing.

2. Conditional pension capital of insured persons is not a property transferred by inheritance.

Article 15. Accumulated pension capital

1. Accumulative pension funds - the total amount of voluntary pension contributions of insured persons on the pension system and income from their placement.
2. Accumulated pension capital of insured persons is a property transferred by inheritance. 3
. In the absence of the heir to the deceased insured person the amount of unused their pension savings transferred to the account of the Pension Fund of Turkmenistan in accordance with the legislation of Turkmenistan.

Article 16. Calculation of the primary conditional pension capital

1. Primary conditional pension capital is calculated by multiplying the amount of the pension, calculated for the period of work (service) before the implementation of conditional accumulative pension system, the expected average life expectancy (in monthly terms) of men and women together in Turkmenistan (hereinafter - the life expectancy) after reaching retirement age.
2. The amount of pension for the period of work (service) before the introduction of conditional funded system is calculated in accordance with the law on social security in force before the introduction of conditional funded system. 3
. To calculate the primary conditional pension capital of servicemen of the Armed Forces of Turkmenistan, other troops, military agencies (hereinafter - military), employees privates, sergeants and officers of law-enforcement bodies, persons of flight and flight-test structure, parachutists, flight operators and stewards of the state and civil aviation Turkmenistan, as well as people working in jobs with special (especially harmful and (or) very heavy), working conditions (hereinafter - special working conditions), the calculation of their pensions before the introduction of conditional accumulative pension system is carried out taking into account the actual period of service (work) in calendar years.
4. Life expectancy is calculated by the State Committee of Turkmenistan on Statistics and approved by the act of the President of Turkmenistan.

Article 17. Conditional indexation of pension capital

1. Primary conditional pension assets of citizens, calculated as of January 1, 2013 is indexed by a factor of increasing the size of pensions in payment on that date.
2. Every year since 2014, the amount of conditional pension capital of insured persons at the beginning of the year is indexed by a factor of increase of the average wage in Turkmenistan this year, except in the case referred to in Paragraph three of this article.
3
. In the case of increasing the size of pensions by a factor greater than the coefficient of wage increases in Turkmenistan, conditional pension capital of insured persons is indexed by a factor of increasing the size of pensions.

Article 18. Investing temporarily free funds and pension savings

1. Pension Fund of Turkmenistan shall have the right to invest temporarily available funds on conditional pension system and retirement savings by funded pension system.
2. Revenues from investment of temporarily free funds for conditional pension system are Pension funds of Turkmenistan. 3
. Revenues from investment of pension savings on the pension system, distributed in proportion to the amount of pension savings and credited to their personal pension accounts.
4. Temporarily free funds for conditional pension system and retirement savings by funded pension system can not be used as collateral for liabilities or other means.
5. The order of investment of temporarily free funds of the Pension Fund of Turkmenistan and pension savings approved by the act of the President of Turkmenistan.

Article 19. Control over the investment of temporarily free funds and pension savings

Control over investment of temporarily free funds for conditional pension system and pension savings in accordance with the legislation of Turkmenistan.

Article 20. Confidentiality of the accumulative pension capital

1. Information on the accumulative pension capital in the personal pension accounts of insured persons is confidential.
2. Pension Fund of Turkmenistan and its local bodies shall guarantee the confidentiality of information on the accumulative pension capital of the insured persons. 3
. Information on the accumulative pension capital is not sensitive to the insured person or his legal representative.
4. Information on the accumulative pension capital, the flow of funds on the personal pension account of the insured persons can be provided upon their written request:
1) public authorities exercising control and supervisory functions - in accordance with their competence;
2) courts - in cases within their proceedings;
3) investigation authorities and inquiry - in criminal cases in their production;
4) the state tax service - on taxes;

5) public notary offices, diplomatic missions or consular offices - in cases of inheritance and succession;
6) heirs - in the case of death of the insured.
5. Pension Fund of Turkmenistan's workers have no right to disclose confidential information and other proprietary information coming to their knowledge in connection with the performance of official duties, except in cases specified by law, as well as use it for personal gain.

Chapter 4. TYPES OF PENSIONS. The right to pension

Article 21. Types of pensions

1. The following types of pensions are established in Turkmenistan:
1) old-age pension;
2) pension superannuation;
3) occupational pension;
4) disability pension;
5) survivor's pension;
6) funded pension.
2. Citizens of Turkmenistan along with the appointment of one of the types of pensions, referred to in paragraphs 1-4 of the first part of this article may additionally be assigned a personal pension for special merits to Turkmenistan. 3
. Citizens have the right to a pension in the cases and under the conditions provided by this Code.

Article 22. Sources of financing pensions

1. The pensions referred to in paragraphs 1-5 of the first part of Article 21 of this Code shall be financed at the expense of the Turkmen Pension Fund, formed at the expense of contributions for compulsory pension insurance, compulsory professional pension insurance and at the expense of funds received from other sources.
2. Personal pensions are financed at the expense of the State budget. 3
. Funded pension is financed at the expense of pension savings capital.
4. Source of funding one-time cash compensation to pensioners associated with the achievement of the age of 62 years and paid to them in accordance with the law of other non-recurring cash remuneration is determined by the act of the President of Turkmenistan.

Article 23. The right to age pension

The right to retirement pension are:
1) men - at the age of 62 years, women - at the age of 57 years, with the participation in the mandatory pension insurance for at least 5 years;
2) women who gave birth and raised 3 children up to the age of eight - on attaining the age of 56 years, with the participation in the mandatory pension insurance for at least 20 years;
3) Women who have given birth to and raised 4 children under the age of eight - on reaching the age of 55, when participating in compulsory pension insurance for at least 18 years;

4) Women who have given birth to and raised five or more children under eight years of age or a disabled child since childhood - at the age of 54 years, with the participation in the mandatory pension insurance for at least 15 years;
5) victims of radiation accidents (regardless of length of service in the exclusion band):
a) men - at the age of 52 years, with the participation in the mandatory pension insurance for at least 25 years;
B) women - at the age of 48 years, with the participation in the mandatory pension insurance for at least 20 years;
6) persons, patients pituitary dwarfism (Lilliputians) or dwarfs, with the participation in the mandatory pension insurance for at least 5 years, men - at the age of 45 years, women - at the age of 40 years.
(As amended by the Law of Turkmenistan on August 29, 2013 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Article 24. The right to retire on superannuation

The right to retire on superannuation years are:
1) soldiers, the ordinary person, sergeants and officers of internal affairs agencies:
a) men - at the age of 52 years, with a length of service of not less than 25 years and the participation of during this period, compulsory pension insurance and professional pension insurance compulsory;
B) women - at the age of 48 years, with a length of service of not less than 20 years and during this period the participation in mandatory pension insurance and mandatory professional pension insurance;
2) servicemen, of middle, senior and top officers of the internal affairs bodies dismissed from work due to illness, redundancy or limited health:
a) men - at the age of 50 years, after having worked for 25 age and length of service of not less than 20 years, and the participation in these periods, respectively, in the compulsory pension insurance and professional pension insurance compulsory;
B) women - at the age of 45 years, after having worked for 20 years and the length of service of not less than 15 years, and the participation in these periods, respectively, in the compulsory pension insurance and professional pension insurance compulsory;
3) persons of flight and flight-test structure, the paratroopers of the state and civil aviation:
a) men - at the age of 50 years, with a length of service of not less than 25 years and in this period the participation in mandatory pension insurance and mandatory professional pension insurance;
B) women - at the age of 48 years, with a length of service of not less than 20 years and during this period the participation in mandatory pension insurance and mandatory professional pension insurance;
4) flight attendants and flight operators and the state of civil aviation:

A) men - at the age of 55 years, with a length of service of not less than 25 years and in this period the participation in mandatory pension insurance and mandatory professional pension insurance;
B) women - at the age of 50 years, with a length of service of not less than 20 years and during this period the participation in compulsory pension insurance and professional pension insurance mandatory.
(As amended by the Law of Turkmenistan on August 29, 2013 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Article 25. The right to occupational pension

1. The right to occupational pension have persons: | | | 1) engaged in full-time employment in jobs with special conditions of work, depending on the degree of hazard and (or) the severity of working conditions with a reduction of 6 to 10 years retirement age set this Code for the old-age pension, including:
a) men - have worked at least 25 years, including at least 10 years on the specified works, and participation in these periods, respectively, in the mandatory pension insurance and mandatory professional pension insurance;
B) women - have worked at least 20 years, including at least 7 years and 6 months on the specified works, and participation in these periods, respectively, in the mandatory pension insurance and mandatory professional insurance.
2. The assignment of jobs to work with special working conditions is carried out on the results of certification of workplaces in accordance with the law. 3
. The list of works, working professions and positions of employees (including those for the previous period), with special conditions of work, indicating the number of years of decline in the retirement age of persons working in such work as approved by the act of the President of Turkmenistan.

Article 26. The right to a disability pension

1. The right to a disability pension are citizens recognized as disabled in accordance with established procedure, participated in the mandatory pension insurance for at least five years.
2. Recognition of disabled persons, and the establishment of a category of disability is made of medical-social expert commission (hereinafter - MSEC) in accordance with the procedure approved by the act of the President of Turkmenistan. Disability divided into I, II, III group. 3
. Persons with disabilities who are eligible for a disability pension under the following categories:
1) disabled since childhood;
2) disabled due to a general disease (including injury not related to work), employment injury (trauma), an occupational disease;
3) invalids of military service:
a) soldiers, ordinary person, sergeants and officers of the internal affairs bodies, have become disabled as a result of:

Injury, concussion or injury (trauma), obtained in the protection of interests of the state or the performance of other military duties (official duties);
Disease associated with the presence at the front, including on the territory of other States;
Disease on work related to the liquidation of the consequences of radiation accidents and catastrophes;
B) military personnel, the average face, sergeants and officers of the internal affairs bodies, have become disabled as a result:
injury (trauma), resulting in an accident that is not associated with the performance of military duties (official duties);
Disease not associated with a stay at the front, including the territories of other states.
4. Disability due to work injury (trauma), except for disability related to the commission of unlawful acts, shall be deemed to:
1) in the performance of job duties, including during a business trip, as well as carrying out actions aimed at protecting the interests of the Company;
2) on the way to work or return to work;
3) on the territory of the enterprise or in another place of work during working hours, including set breaks, the time required to clean up the workplace before and after work;
4) outside the territory of the enterprise during working hours, including set breaks when finding there is not contrary to the rules of internal labor regulations;
5) in the performance of civic duty.
5. Disability is directly linked to the disease caused by the special nature of the work performed is recognized as a disability due to occupational disease.
List of professions and the list of diseases associated with the special nature of the work, approved by the Ministry of Health and Medical Industry of Turkmenistan and the Ministry of Labor and Social Protection of Turkmenistan.

Article 27. The right to survivor's pension

1. Supporter is a person shall ensure that persons dependent on her.
2. Dependents during the life of a family member recognized survivor, who was on his full content or to receive help from him, which was constant and the main source of content for it. 3
. For the purposes of this Code are considered dependents:
1) children (including an adopted, stepchildren, step-daughter), brothers, sisters and grandchildren under 18 years of age, or over that age if they became disabled before reaching the age of 18 years , with brothers, sisters and grandchildren - if they do not have able-bodied parents;

11) children under the age of 18 who are enrolled in secondary schools (including an adopted, stepchildren, step-daughter);
2) persons referred to in paragraph 1 above shall not have attained the age of 24 enrolled in full-time education in higher, secondary and primary professional institutions and who are studying in educational institutions;
3) the father, mother (including adoptive parents), husband, wife - if they have reached the age referred to in paragraph 1 of Article 23 of this Code, or are disabled and do not receive pension or state benefits;
4) grandparents who have attained the age specified in paragraph 1 of Article 23 of this Code, and have no other means of livelihood, in the absence of the persons who, in accordance with the law obliged to support them;
5) the spouse a veteran of World War II, if it does not receive a pension or state benefits.
4. The right to survivor's pension are the persons referred to in the third part of this article, regardless of whether the provider is insured for compulsory state pension insurance or not.
5. The right to survivor's pension arises in the case of unknown absence of the breadwinner, if unacknowledged absence recognized in accordance with the legislation of Turkmenistan.
6. Minor children entitled to survivor's pension shall retain this right also in their adoption, except in cases of adoption of children by their parents, previously deprived of parental rights.
7. If a family who has lost a breadwinner, are being adopted or wards orphans (children without parental care), regardless of their relationship to the other dependents of the family, they retain the right to appoint earlier survivor's pension.
(As amended by the Law of Turkmenistan on August 29, 2013 and November 8, 2014 - Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59;.. 2014, number 4, st.152.)

Article 28. The right to a contributory pension

The right to a contributory pension are those who have reached retirement age and have a cumulative pension capital.

Chapter 5. Work experience, length of service and their calculus


Article 29. Work experience and numbered


1. For the purposes of this Code, work experience refers to the period of employment, regardless of its nature, carried out on the basis of an employment contract from legal entities established in Turkmenistan, in accordance with the legislation of Turkmenistan, representative offices and branches of foreign legal persons registered in Turkmenistan, diplomatic missions, consular institutions of foreign states, representative offices of international organizations located in Turkmenistan, from individuals engaged in entrepreneurial activities without forming a legal entity, individual entrepreneurs, individuals, employers of persons using hired labor or domestic work, tenants producing agricultural products, subject to the payment in the prescribed manner of pension contributions into obligatory state pension insurance types.
The length of service is counted the period of the activity of self-employed individuals and individuals to provide professional services, subject to payment of these periods in the prescribed manner of pension contributions into obligatory state pension insurance types.
The experience of individual categories of citizens subject to the payment for them in accordance with the Law of Turkmenistan "On State Pension Insurance" pension contributions for compulsory state pension insurance, also include the period:
1) of military service by conscription and and training in higher military educational institutions;
2) departure from the unemployed persons for the disabled group I or for a disabled child under the age of 18 years - no more than 6 years;
3) residence spouse (spouse) of the employee of a diplomatic mission, consular institutions of Turkmenistan in a foreign country, the Turkmen representative to an international organization and a person equated to such workers living (not lived) with him, not of employed (not the employed), - not more than four years;
4) finding the person on leave for child care - no more than 6 years.
2. Calculation of length of service (service), and periods of payment of pension contributions for compulsory state pension insurance carried out in the manner prescribed by the Pension Fund of Turkmenistan.
(As amended by the Law of Turkmenistan dated June 18, 2016 -.. Bulletin of the Mejlis of Turkmenistan, 2016, number, art.)

Article 30. The length of service

1. For the purposes of this Code, seniority:
1) soldiers - understood as a period of military service;

2) persons of flight and flight-test structure, parachutists, flight operators and stewards of the state and civil aviation of Turkmenistan meant execution set annual norm for plaque hours,
subject to payment of the established procedure of pension contributions for compulsory state pension insurance.

Article 31. Calculation of the term of military service

1. In the period of military service shall be counted:
1) military service (including appeal) in the Armed Forces of Turkmenistan, other troops and military organs and other formations created in accordance with the law in force during the period of military service;
2) Service in positions soldiers, sergeants and officers in the internal affairs of Turkmenistan;
3) service in the organs of the Ministry of National Security;
4) Service in positions soldiers, sergeants and officers in the State Courier Service of Turkmenistan under the Ministry of Communications of Turkmenistan;
5) Time Spent practical flight training of persons called up for military service and officers are trained on flight personnel reserve;
6) time spent on military training;
7) while the individual soldiers, sergeants and officers of bodies of internal affairs in the government of Turkmenistan and the control of their leaving the military service, service in bodies of internal affairs bodies;
8) hours of servicemen, privates, sergeants and officers of internal affairs agencies in elected positions in the system of public authorities and management of Turkmenistan, if they returned to the military service, service in bodies of internal affairs after the authority for elective office;
9) during a break in military service, service in the internal affairs of unlawful dismissal of a soldier, an ordinary person, and non-commissioned officers of the internal affairs bodies, and subsequent reduction of the service;
10) while studying in higher military educational institutions, including the direction abroad.
2. Persons called up for military service from the reserve (women who are not in stock) immediately after the higher and secondary vocational schools, which were cycles or department of military training, in the period of military service is counted during their training in these institutions of up to five years, the rate - one year of study for six months.
3
. Persons sent to serve in the bodies of internal affairs in the order of distribution immediately after the higher and secondary vocational schools in the lifetime of the internal affairs bodies shall be counted during their training in these institutions within five years from the calculation - one year of study in six months.
4. Calculation of the period of military service applies to individual soldiers, sergeants and officers of the State Courier Service under the Ministry of Communications of Turkmenistan Turkmenistan only in respect of the calculation of the life of ordinary people, and non-commissioned officers of the internal affairs bodies.
5. Calculation of the period of military service to persons who are entitled to long service pension, by local authorities of the Pension Fund of Turkmenistan on the basis of information submitted by the relevant ministries and departments of Turkmenistan.

Article 32. Calculation of years of service of persons of flight, flight-test structure, parachutists, flight operators and stewards

1. Calculation of years of service of persons of flight and flight-test structure, parachutists, flight operators and stewards of the state and civil aviation of Turkmenistan made:
1) crew members of aircraft and other aircraft;
2) persons flight-instructor and flight-inspectors;
3) The parties command and flight personnel of the Ministry of Defense of Turkmenistan, the Ministry of National Security, Ministry of Internal Affairs, State Border Service of Turkmenistan, the Turkmen President's Security Service, the State National Service "Turkmenhowayollary" if they have evidence of airfield and participate in the flights as crew members of aircraft or other aircraft;
4) inspectors and other specialists Flight service (work) departments, enterprises, organizations and their structural divisions having airfield testimony and participating in the flights as crew members of aircraft or other aircraft;
5) parachutists state and civil aviation of Turkmenistan.
2. The length of service for persons of flight and flight-test structure, flight operators and stewards shall be calculated according to the following standards flying hours per calendar year:
1) in the state of aviation in the performance of flight:
a) jet aircraft combat employment - 25 hours ;
B) in the turboprop aircraft and helicopters on combat use - 30 hours;
Ç) in all other types of aircraft (including sports) - 110 hours, and when the elements of a complex and aerobatics - 60 hours;
2) in civil aviation when the fly:

A) in the transport aircraft - 250 hours;
B) special applications in aviation - 150 hours;
Ç) in groups support aircraft (lidirovschiki) - 150 hours;
D) for training and qualification of flight crews in the higher and secondary vocational schools - 150 hours. 3
. For those performing during the calendar year, one or more kinds of flights, referred to in paragraphs 1 and 2 of this Section, the length of service in a calendar year is determined based on the duration of the work periods for each type of fly separately.
4. The duration of working periods for each type of fly separately calculated in calendar years and months by dividing the actual flying hours for each type of flights in a calendar year in the standard set for this type of flight.
5. The length of service in a calendar year is determined by summing the length of periods of work for each type of fly separately.
6. In cases where the duration of the length of service, calculated on all types of flights in a calendar year is less than it, or if the plaque hours per calendar year is equal to or less than the norm set for one type of fly, length of service in a calendar year shall be counted as equal to the full calendar year.
7. The length of service, accepted for calculation of pension is calculated by summing the length of service determined for each calendar year, for the entire period of flight activity.
8. The length of service is calculated on the basis of parachutists standards perform jumps or runs (ups) on special triggers (lifting) devices for one calendar year from the aircraft:
a) jet and turboprop aircraft - 20 jumps, slopes (ups);
B) other types of aircraft - 60 jumps, slopes (ups).
9. For those who performed during the calendar year parachute jumps (descents, climbs) with one or more aircraft types, length of service in a calendar year is determined on the basis of the periods during which performed such jumps (descents, climbs).
10. The periods during which performed parachute jumps (descents, climbs) with one or more types of aircraft are calculated in calendar years and months by dividing the actually performed during the calendar year of jumps (descents, climbs) on each aircraft type separately on established for these types of aircraft standard.
11. The length of service in a calendar year is determined by the sum of all periods of jumps (descents, climbs) made during calendar year to each type of aircraft.

12. For those performing during the calendar year jumps (descents, climbs) with only one type of aircraft, when an amount equal to the set for this aircraft type codes, or at least his years of service in a calendar year shall be counted as equal to one calendar year.
13. For those performing during the calendar year jumps (descents, climbs) with different types of aircraft for which the calculated length of service in a calendar year is less than it, in the years of service in a calendar year shall be counted period of one calendar year.
14. The length of service, accepted for calculation of pension is calculated by summing the length of service determined for each calendar year, for the entire period of jumps (descents, climbs).
15. Period of participation of persons referred to in the first part of this article, in the fighting as part of the military units, staffs and institutions, as well as the time of uninterrupted treatment in hospitals as a result of injury, concussion, injury or disease received in the period of hostilities, counted on conditions - a month for three months.
16. Calculation of years of service to persons of flight, flight-test structure, parachutists, flight operators and flight attendants made to implement the standard flight hours.
17. Calculation of seniority for a pension to the persons specified in part one of this Article shall be made by local authorities of the Pension Fund of Turkmenistan on the basis of data on the plaque hours submitted:
1) on the state of aviation - the Ministry of Defense of Turkmenistan, the Ministry of National Security, Ministry of Interior Affairs of Turkmenistan, the State border service of Turkmenistan, the security service of the President;
2) on civil aviation - enterprises and organizations of the State National Service "Turkmenhowayollary".
(As amended by the Law of Turkmenistan dated June 18, 2016 -.. Bulletin of the Mejlis of Turkmenistan, 2016, number, art.)

Chapter 6. Applying for a pension.
Calculation and assignment of pension

Article 33. Applying for a pension

1. For the purpose of pensions to citizens to submit applications to the authority of the Pension Fund of Turkmenistan in their place of permanent residence.
2. The application for appointment pension the following documents shall be attached conventionally funded pension system:
1) for the appointment of old-age pension:
a) a copy of the passport (an equivalent document);
B) copies of birth certificates of children and documents certifying their education up to the age of eight (for women having the right to retire before the set age);

2) for the appointment of an occupational pension - a copy of the passport (an equivalent document);
3) for the appointment of superannuation - a copy of the passport (an equivalent document);
4) to assign a disability pension:
a) a copy of the passport (an equivalent document);
B) an extract from the act MSCE examination;
Ç) a certificate of family composition;
D) copies of birth certificates of family members under 18 years of age;
5) for the purpose of survivor's pension:
a) a copy of the passport (a document substituting it) the person to whom a pension is made;
B) a copy of the document confirming the death of a breadwinner or missing;
Ç) copies of birth certificates of children;
D) certificate confirming the training (training) in educational institution the person who is granted a pension survivor - each year during the period of pension payments;
E) identity documents and confirming the relationships of the family members of the deceased breadwinner, in certain cases - the court's decision;
Ä) certificate of family members - with the exception of persons enrolled (brought up) in an educational institution;
F) copy of the decision of the authorized body to appoint minors and incapacitated dependents of the guardian or trustee (in the case of pension registration of a guardian or trustee);
G) document on the participation of the breadwinner in the Great Patriotic War. 3
. For the purpose of pension to persons serving sentences in places of deprivation of liberty, the necessary documents to the authority of the Pension Fund of Turkmenistan for its location or place of permanent residence of a person serving a sentence, it is an appropriate correctional facility.
4. The local authority of the Pension Fund of Turkmenistan shall consider the application for the pension within ten calendar days from the date of submission of the documents mentioned in the second part of this article.
5. In the event of a need to clarify the information contained in the personal pension account person who filed the application for the pension, the local authority of the Pension Fund of Turkmenistan is entitled to request from him, as well as enterprises, organizations, institutions or files additional documents and information.
6. Enterprises, organizations, institutions and archives are obliged to issue the requested documents and information within ten calendar days of the request.
(As amended by the Law of Turkmenistan dated June 18, 2016 -.. Bulletin of the Mejlis of Turkmenistan, 2016, number, art.)

Article 34. Calculation of old-age pension

Size retirement pension conditional on the pension system is calculated by dividing the sum of conditional pension capital in the personal pension account of citizens on the date of appointment of pensions to life expectancy.


Article 35. Calculation of the size on the service pension

Superannuation pension years conditionally funded pension scheme shall be calculated by dividing the sum of conditional pension capital in the personal pension accounts of citizens at the date of appointment of pensions to life expectancy.

Article 36. Calculation of the size of the occupational pension

Size occupational pension conditional on a funded pension system for citizens who worked in jobs with special working conditions, is calculated by dividing the sum of conditional pension capital in their personal pension account on the date of granting a pension to life expectancy.

Article 37. Calculation of the size of the disability pension

1. The disability pension disabled I, II and III group, referred to in paragraph 2 of the third paragraph of Article 26 of this Code shall be calculated by dividing the sum of conditional pension capital in their personal pension account on life expectancy.
The minimum amount of the disability pension, assigned with the disabled, should not be less than:
1) disabled group I - 155 percent;
2) invalids of II group - 135 per cent;
3) invalids of III group - 115 percent
base value set for the calculation of the minimum pension.
2. The disability pensions to disabled from childhood is calculated by dividing the conditional pension capital in their personal pension account on life expectancy.
The minimum amount of the disability pension, appointed by the disabled since childhood I, II and III, shall be at least 190 percent of the base value set for the calculation of the minimum pension. 3
. The size of the disability pension to disabled military service shall be calculated by dividing the conditional pension capital in the personal pension account on life expectancy.
The minimum amount of disability pensions granted to invalids of military service, except for appointed combatants in other states who have become disabled, must be at least:
1) disabled group I - 155 percent;
2) invalids of II group - 135 per cent;
3) invalids of III group - 115 percent
base value set for the calculation of the minimum pension.
The minimum amount of the disability pension, appointed by disabled military service-combatants in other states,
must be at least:
1) disabled group I - 220 percent;
2) invalids of II group - 205 per cent;
3) invalids of III group - 190 percent
base value set for the calculation of the minimum pension.

4. Invalids I and II groups, have on their dependent minor children, established supplementary pension for each child in the amount of 20 percent of the base value set for the calculation of the minimum pension.
5. Disabled persons in group I and group II lonely invalids on sight, in need of medical assistance in the conclusion, set allowance to care for them at the rate of 20 per cent of the basic amount fixed for the calculation of the minimum pension.
(As amended by the Law of Turkmenistan dated June 18, 2016 -.. Bulletin of the Mejlis of Turkmenistan, 2016, number, art.)

Article 38. Calculation of the size of pension survivor

1. Survivor's pension is calculated based on the number of dependents and the base value set for the calculation of the minimum pension, and is:
1) per dependent - 65 percent;
2) for two dependents - 125 percent;
3) for three dependents - 145 percent;
4) for four dependents - 170 percent;
5) to five dependents - 185 percent;
6) for six or more dependents - 200 percent.
2. The amount of the survivor's pension to orphans (children without parental care) is calculated from the base value set for the calculation of the minimum pension, and is:
1) per child - 145 per cent;
2) for two children - 230 per cent;
3) for three or more children - 285 per cent. 3
. The amount of pension for the loss of a breadwinner spouse who was dependent on members of the Great Patriotic War, the act of the President of Turkmenistan established.
(As amended by the Law of Turkmenistan on August 29, 2013 and on June 18, 2016 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Article 39. Calculation of the size of the funded pension

Size funded pension is calculated by dividing the sum of pension accumulation of capital in the personal pension account on life expectancy.

Article 40. Appointment of pension

1. Age pension, long service pension, occupational pension, funded pension from the date appointed by the complaints of citizens in the local authority of the Pension Fund of Turkmenistan with a written application for the pension, but not earlier than the occurrence of the right to it.
2. The disability pension is granted from the date of establishment of disability, regardless of the date of circulation of citizens in the local authority of the Pension Fund of Turkmenistan with a written application for a pension. 3
. Survivor's pension shall be appointed by local authority of the Pension Fund of Turkmenistan from the date when the right to it, regardless of the date of the written complaints of citizens on the appointment of pensions.

In cases where the deceased breadwinner in the family has a minor member of the family or a child-orphan (a child left without parental care), who was previously appointed and paid pension (welfare) survivor or disability, paying him a pension ( state benefits) continues, and other dependents of the number of family members of pension survivor assigned separately.
In the case of the requirements of one of the family members entitled to survivor's pension, the allocation of his share, the pension is assigned to each family member equally. Payment of the pension share is carried out from the first day of the month following the month of application for the allocation of the pension due to him share.
4. Personal pension appointed by the decision of a special commission under the President of Turkmenistan.
Procedure for the appointment of personal pensions approved by the act of the President of Turkmenistan.
5. If the citizen submitting a written application for a pension is not entitled to a pension, the local authority of the Pension Fund of Turkmenistan within five working days of the request is obliged to notify in writing his refusal of a pension, indicating the reasons for refusal.
6. Citizens arriving for permanent residence in Turkmenistan, retired with the approval of the Pension Fund of Turkmenistan assigns it a local authority under the conditions and in the manner prescribed by this Code.
7. Persons serving sentences in prisons, pensions are awarded in the presentation of the detention facility to the authority of the Pension Fund of Turkmenistan for its location written statements of these persons for the pension with all necessary documents.
8. Local Pension Fund of Turkmenistan are obliged to give appropriate explanations to citizens on issues related to the calculation and assignment of pensions.
The citizen is entitled to review the size of the calculation of pension to him.
(As amended by the Law of Turkmenistan on August 29, 2013 and on June 18, 2016 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Article 41. The minimum and maximum pension

1. The minimum pensions, appointed in accordance with this Code, except for disability pension and survivor's pension shall be equal to:
1) 100 percent of the base value set for the calculation of the minimum pension, - subject to participation in compulsory types state pension insurance:
a) men - at least 25 years;
B) women - at least 20 years, except in cases specified in subparagraphs «ç» and «d» of this paragraph;

Ç) women who gave birth and brought up to 4 children under the age of eight - at least 18 years;
D) Women who have given birth to and raised five or more children under the age of eight or disabled child since childhood - at least 15 years;
2) 85 percent of the base value set for the calculation of the minimum pension - subject to participation in compulsory types of state pension insurance for at least half of the period specified in paragraph 1 of this part, respectively, for men and women;
3) 70 percent of the base value set for the calculation of the minimum pension - subject to participation in the mandatory state pension insurance forms at least half of the period specified in paragraph 1 of this part, respectively, for men and women, but not less than five years.
2. Minimum pensions uchastnika World War II and his wife, as well as workers in the rear pension established act of the President of Turkmenistan. 3
. Benefits awarded in accordance with this Code, the maximum size is not limited.

Article 42. Recalculation of pensions and their indexation

1. Recalculation of pensions payable under conditional pension system, in the following cases:
1) achieving women referred to in paragraphs 2-4 of Article 23 of this Code, the age of retirement age - from the date of that age;
2) identify inaccurate (false, false) information on wages and (or) work experience (service), adopted at the primary pension capital basis, - the date of a pension;
3) submission of citizens (or employers) for the calculation of the primary pension capital more information about length of service (Service), salaries, affecting the size of paid pensions - the first day of the month following the month in which were presented for more information ;
4) identify inaccurate (false, false) information in the documents that define the right to a pension, - the date of a pension;
5) inaccuracies in the calculation, payment and registration of pension contributions, indexation of pension capital - from the date of a pension;
6) changes the category of disability, the number of dependents - the first day of the month following the month identify such cases.
2. In the case of providing additional information about the length of service (Service), salaries, affecting the size of awarded and paid pensions to the introduction of conditional accumulative pension system, recalculation of pensions is carried out with the first day of the month following the month in which were submitted additional information.
3
. Dimensions pensions are indexed in accordance with the act of the President of Turkmenistan.
(As amended by the Law of Turkmenistan on August 29, 2013 and on June 18, 2016 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Chapter 7. Payment of pensions, retirement savings and lump-sum


awards
Article 43. Payment of pensions and termination of payment

1. Payment of pensions is carried out in accordance with the general rules laid down in Article 8 of this Code.
2. Pensions terminated in cases:
1) exit person receiving a pension for permanent residence outside Turkmenistan - the first day of the month following the month of departure;
2) destination person receiving a pension, another type of pension - from the date of the appointment of this type of pension;
3) the expiration of the survey MSEK th disability - from the first day of the month following the month of expiry of the examination period;
4) death of a person receiving a pension - the first day of the month following the month of death.
(As amended by the Law of Turkmenistan on August 29, 2013 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Article 44. Payment of pensions to persons residing in nursing homes

Pensioners living in boarding houses (pensions) for the elderly and disabled, pensions are paid:
1) at a rate of 20 per cent of the pension assigned on conditional pension system, but not less than 40 per cent of the minimum size set by the relevant pensions;
2) in full - pension appointed by the accumulative pension system.

Article 45. Payment of pensions to persons who are hospitalized

1. The payment of pensions to persons who are hospitalized, with the exception of persons undergoing compulsory treatment and treatment in a psychiatric institution is carried out in full delivery to the treatment site.
2. Persons undergoing compulsory treatment, the pension is paid after discharge are not limited to any period and size.

Article 46. Payment of pensions to persons who are being treated in a psychiatric institution

1. Individuals who are being treated in a psychiatric institution, the pension is paid after discharge are not limited to any period and size.
2. The administration of the psychiatric institution for admission to treatment of the pensioner and the extract is obliged within five days to inform the relevant local authority of the Pension Fund of Turkmenistan.

Article 47. Payment of pensions to persons serving sentences in prisons


1. A person serving a sentence in prison, payment of pension granted on request penitentiary authority Turkmen Pension Fund at the location of the detention facility by transferring the pension amount to the personal account of the person in a correctional institution or body of the Pension Fund of Turkmenistan at the place of residence of the said person, at his request - to open a bank personal account in his name.
2. Correctional facility of registration of a person serving a sentence in a correctional institution and receiving a pension, and to remove it from the register in accordance with the legislation of Turkmenistan within five calendar days according to the respective body of the Pension Fund of Turkmenistan.

Article 48. The payment demanded is not timely or unpaid pensions

Not promptly claimed by recipients not paid due to the fault of the local authority of the Pension Fund of Turkmenistan banks or pension paid for the period expiring without limitation any maturity and size.
In the case of re-examination of MSEK th person as a disabled person payment of the disability pension is resumed from the date of its termination in accordance with paragraph 3 of the second paragraph of Article 43 of this Code, but not more than two months before the date of re-examination. In this case, if the person re-recognized as invalid, transferred to another group of disability, disability pension is paid for the specified period by the same group of disability.
(As amended by the Law of Turkmenistan on August 29, 2013 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Article 49. Payment of pension in case of death of a pensioner

In the case of non-receipt of the death of the pensioner the amount of pension to them for a month, inclusive of his death shall be paid without restrictions in any period and the size of one of the adult family members with their consent.

Article 50. Payment of pension savings

1. Pension accumulations of insured persons in pension system are paid when they reach established by this Code the relevant retirement age, except in cases stipulated by part two of this article - in the form of pensions or monthly, at their request, at the same time in full.
2. Payment of pension savings to the insured persons may be carried out until they reach retirement age at the same time in full:
1) the recognition of the established order invalid I, II or Group III;

2) if necessary, receive treatment, requiring material costs for early detection, prevention of complications, exacerbations of diseases listed by the Ministry of Health and Medical Industry of Turkmenistan and to prevent exacerbation of the disease;
3) in the case of departure for permanent residence outside Turkmenistan;
4) in some cases - on the basis of the decision of the Pension Fund of Turkmenistan. 3
. Pension savings insured by the accumulative pension system, at their request, can be converted into a conditional pension capital for conditional pension system.
(As amended by the Law of Turkmenistan dated June 18, 2016 -.. Bulletin of the Mejlis of Turkmenistan, 2016, number, art.)

Article 51. The payment of the one-time cash compensation and one-time cash assistance

1. Non-working pensioners who have reached the age of 62, a lump sum remuneration is paid in the amount of the monthly pension at the date of payment of remuneration.
2. The one-time cash award to citizens paid irrespective of their performances registration in the local authority of the Pension Fund of Turkmenistan on the day of reaching the age of 62 years. 3
. The one-time cash reward is paid in accordance with the procedure established by the act of the President of Turkmenistan.
4. Orphans and children left without parental care, with the exception of orphans and children left without parental care, who are on full state support shall be paid a lump sum financial assistance for the purchase of school supplies and writing at the expense of the State budget.
One-time financial aid is paid annually for the month prior to the start of the school year in an order certain by the Pension Fund of Turkmenistan, on the terms and in the amounts:
1) orphans and children left without parental care, students in secondary schools, - in the amount of minimum wage in Turkmenistan, established by the legislation of Turkmenistan;
2) orphans and children left without parental care, students in primary, secondary and higher professional education institutions - equivalent to twice the minimum wage in Turkmenistan, established by the legislation of Turkmenistan.
(As amended by the Law of Turkmenistan on August 29, 2013 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Chapter 8. Deductions from pension.

Dispute resolution
Article 52. Deductions from pension


1. Deductions from pensions are made with the written consent of the pensioner on the basis of decisions, rulings, decisions and Court judgments (in the part of property claims), the executive inscription notary public offices and other solutions, the implementation of which, in accordance with the law, the procedure established for the execution of decisions court.
2. Deductions from pensions are made of the amount due to be paid to the pensioner. 3
. The total amount of all types of deductions from pension per month shall not exceed 50 per cent of the monthly pension payable conditional pension system and the pension system together.
4. In case of death of the pensioner the outstanding part of the debt to be deducted from the pension shall be recovered in accordance with the legislation of Turkmenistan.
5. Debt pensioner leaving for permanent residence outside Turkmenistan, the amount is deducted from the pension payable to him and the amount of pension savings. If the repayment amount of pension and pension savings is not enough, the debt shall be recovered in accordance with the legislation of Turkmenistan.

Article 53. Retention of the amount overpaid pension

1. Hold overpaid amount of pension which has been approved as a result of the submission pensioner deliberately false information, made from the amount payable to the pension of the Pension Fund of Turkmenistan local authority in accordance with the decisions.
2. Needless paid due to the fault of officials of local bodies of the Pension Fund of Turkmenistan, employers or banks pensions shall be reimbursed in accordance with the legislation of Turkmenistan. 3
. Retention unduly paid pension amount credited to the budget of the Pension Fund of Turkmenistan.

Article 54. Disputes on pension issues

1. The debate on the right to a pension, its calculation of the size, appointment and payment of pensions initially treated by local Pension Fund of Turkmenistan.
In case of disagreement, a pensioner from the local authority resolving disputes considered by the Pension Fund of Turkmenistan.
Pension Fund of Turkmenistan's decisions can be appealed in court.
2. The debate on the retention of excessive amounts of pensions paid in the case provided by part one of Article 53 of this Code shall be considered by the Pension Fund of Turkmenistan, and in case of disagreement, the pensioner, and in the case stipulated by Article 53 of this Code - by the court.

SECTION III. State benefits.

STATE SUPPORT
Chapter 9. Forms of government benefits


Article 55. Forms of state benefits

1. Turkmenistan established:
1) state benefits for temporary disability;
2) state benefits for pregnancy and childbirth;
3) public benefit at the birth of the child;
4) state benefits for child care;
5) State disability benefits;
6) state benefits, appointed his wife a veteran of World War II;
7) state social benefits.
2. Acts of the President of Turkmenistan can be entered and other government benefits.

Article 56. State guarantees for public benefits

The State guarantees the appointment and payment of state benefits to citizens with the right to public benefits provided by this Code.

Article 57. Sources of funding of state benefits

1. State benefits for temporary disability are funded:
1) on the self-supporting enterprises, organizations and institutions, regardless of ownership - at the expense of their own funds;
2) organizations and institutions, financed at the expense of the State Budget of Turkmenistan - at the expense of the Pension Fund of Turkmenistan in the order defined by the Ministry of Labor and Social Protection of Turkmenistan.
11. State benefits and maternity leave are financed:
1) on the self-supporting enterprises, organizations and institutions, regardless of ownership - at the expense of their own funds;
2) organizations and institutions, financed at the expense of the State Budget of Turkmenistan - at the expense of economy of the wage fund.
2. State aid at the birth of a child, child care, disability, spouse appointed members of the Great Patriotic War, as well as state social benefits are financed at the expense of the centralized budget of Turkmenistan. 3
. Source of funding one-time monetary compensation to recipients of state benefits related to attaining the age of 62 years and paid to them in accordance with the law of other non-recurring cash remuneration is determined by the act of the President of Turkmenistan.
(The Ed. Of the Law of Turkmenistan on August 18, 2015)


Chapter 10. The right to state benefits

Article 58. General

1. Citizens are entitled to state benefits in cases and under the conditions provided by this Code.

2. Citizens are entitled to state benefits at the same time provided for in paragraphs 5-7 of the first part of Article 55 and the pension provided for in paragraphs 1-5 of the first part of Article 21 of this Code, shall be one kind of pension or state benefits of their choice. It does not apply to children under eighteen years of age, survivors, eligible for state disability benefits. 3
. When you call the citizens to transfer to another type of pension, state benefits or pensions - for public benefit or public benefit - a new kind of retirement pension or state benefits assigned to the first day of the month following the month of application.
(The Ed. Of the Law of Turkmenistan on August 18, 2015 and on June 18, 2016)

Article 59. The right to state benefits for temporary disability

1. The right to state benefits for temporary disability are persons who have lost work in the period of work due to general illness, employment injury (trauma), occupational disease and who present disability certificate issued by a health institution.
2. The period of temporary disability is established health institutions of Turkmenistan and supported by a piece of disability. 3
. For temporary disability periods are:
1) for a sick family member care in outpatient treatment - no more than 7 days;
2) to care for a sick child under the age of 14 years in outpatient treatment - no more than 14 calendar days;
3) for a sick child care before the age of 7 years who are hospitalized, as well as for a sick child under the age of 14 years, suffering from serious illness, since complex surgery, injury or burns - no more than 122 calendar days;
4) transfer to another job due to occupational disease or tuberculosis, or the presence of disease in the body of infectious diseases - not more than two months;
5) quarantine regime of persons dismissed from work in the outbreaks of infectious diseases.
4. The actual duration of temporary disability is determined by the attending physician and confirmed by the certificate of incapacity.
5. Temporary disability is not made out a sheet of disability, if it occurred:
1) in the commission of unlawful acts;
2) for intentional infliction of harm to health or the health of a person who is dependent on him;
3) the influence of alcohol, drugs or toxic substances.

Article 60. The right to state benefits for pregnancy and childbirth


Right to state benefits for pregnancy and childbirth are women in the cases specified in Article 61 of this Code. The basis for the right to state benefits for pregnancy and childbirth is a disability certificate issued by the health institution.

Article 61 Maternity leave

1. Maternity leave is provided with 32 weeks of pregnancy to women:
1) working in enterprises, organizations and institutions, regardless of ownership;
2) performing military service, service in bodies of internal affairs;
3) dismissed from work in connection with the liquidation of enterprises, organizations and institutions, regardless of ownership, - within three months from the date of dismissal.
2. Maternity leave is provided not less than 112 calendar days and consists of vacation before childbirth and after childbirth for 56 calendar days each. If preterm labor does not change the installed length of the leave before childbirth. 3
. In the case of complicated childbirth maternity leave be extended to 16 calendar days, and the birth of two or more children - 40 calendar days.
4. The person to adopt a child (children), maternity leave is granted during the period from the date of adoption until the expiration of 56 days from the day of birth.
5. Maternity leave is also provided for pregnant women under the following conditions:
1) in preterm labor or miscarriage, coming after 154 days of pregnancy, - leave after childbirth;
2) for the temporary suspension of the work of enterprises, organizations and institutions, regardless of ownership, - on a common basis;
3) upon the occurrence of maternity leave during the period of replacement of a temporarily absent employee - until the end of the day or until the replacement work of the substituted worker;
4) upon the occurrence of maternity leave during the period of the leave - on a common basis.

Article 62. The right to state benefits at birth

1. Right to public benefit at child birth are the mother (father) or the unborn child's guardian.
2. The right to state benefits at the birth of the child are also parents who adopt a child under the age of four months, if the benefits were not paid to the mother or father of an adopted child.

Article 63. The right to an allowance for child care

1. The right to benefits regardless of employment are socially useful activities for child care:
1) the mother, father or guardian actually caring for a child up to the age of three years;

2) other relatives who actually carry out child care until the age of three years, in cases where the mother and (or) his father died, are declared dead, deprived of parental rights, limited parental rights, declared missing, incapacitated ( partially capable), for health reasons can not personally bring up and maintain the child, serve their sentence in institutions carrying out sentences of imprisonment, shy away from raising a child or to protect its rights and interests or refused to take their child from educational, medical institutions and other similar institutions.
2. If child care is carried out by several persons, the right to an allowance for child care is provided to one of them.

Article 64. The right to state social benefits

Right to state social benefits are men who have reached the age of 62, women over the age of 57 years who are not eligible for retirement.

Article 65. The right to a state disability benefits

The right to a state disability benefits have persons:
1) disabled children under the age of 18 years;
2) disabled since childhood, during which participation in mandatory pension insurance of at least five years;
3) Persons with disabilities, during which participation in mandatory pension insurance is less than five years.
(As amended by the Law of Turkmenistan dated June 18, 2016 -.. Bulletin of the Mejlis of Turkmenistan, 2016, number, art.)

Article 66. The right to state benefits, appointed his wife a veteran of World War

Right to state benefits, appointed his wife a veteran of World War II, have wife killed or missing in the war, died after his return from the war veterans of the Great Patriotic War.

Chapter 11. Getting
appointment of state aid.

Appointment state benefits
Article 67. General

1. For the purpose of state benefits, with the exception of state benefits for temporary disability and public benefits for pregnancy and childbirth, persons entitled to them, refer to the authority of the Pension Fund of Turkmenistan for permanent residence.
2. For the purpose of state benefits for temporary disability and public benefits and maternity leave those entitled to them, turning to the employer at the place of basic work. 3
. State aid is granted from the date of occurrence of the rights to it in the name of the recipient of state benefits, taking into account the rules provided for by the second paragraph of this Part, except as provided for by the third paragraph of this subsection.

In the case of treatment of a person entitled to the state social benefit for the purpose of this type of state aid to the respective body of the Pension Fund of Turkmenistan after the date of such a law, state aid is granted from the date of treatment.
If the recipient of state benefits is a minor or incapacitated person, the allowance is granted in the name of a parent or guardian, or caregiver.
(As amended by the Law of Turkmenistan on August 29, 2013 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Article 68. Documents for the purpose of public benefit at birth

1. For the purpose of public benefit at birth, copies of passport (substitute document), children's birth certificates.
2. The birth certificate of the child is the basis for the appointment of state aid at birth. 3
. In the case of the birth of the child the woman is serving his sentence in prison, the detention facility shall submit the documents specified in part one of this article, the authority of the Pension Fund of Turkmenistan for its location.

Article 69. Documents for the purpose of state aid for child care

1. For the purpose of state aid following documents shall be submitted for child care:
1) application for the state benefit for child care;
2) copy of the passport (an equivalent document) person exercising parental care;
3) a copy of the birth certificate of the child;
4) a certificate of family composition;
5) a copy of the authorized body of the decision on adoption of the child (subject to adoption of the child);
6) a copy of the decision of the authorized body on the establishment of custody of a child (under guardianship of the child).
2. At the birth of the child the woman is serving his sentence in prison, the detention facility shall submit the documents specified in part one of this article, the authority of the Pension Fund of Turkmenistan for its location.

Article 70. Documents for the purpose of state disability

For the purpose of state disability benefits, the following documents:
1) application for the public benefit;
2) copy of the passport (an equivalent document) of the person to which is made public benefit;
3) an extract from the act MSCE examinations, except for children with disabilities under the age of 18 years;
4) medical report on children with disabilities under the age of 18 years;
5) a certificate of family composition, except for disabled children under the age of 18 years;
6) copy of birth certificate.

(As amended by the Law of Turkmenistan dated June 18, 2016 -.. Bulletin of the Mejlis of Turkmenistan, 2016, number, art.)

Article 71. Documents for the purpose of state aids spouse a veteran of World War

For the purpose of state aids spouse a veteran of World War II, the following documents:
1) application for the public benefit;
2) copy of the passport (an equivalent document) of the person to which is made public benefit;
3) A certificate of the military commissariat that the husband was a member of the Great Patriotic War;
4) a copy of the document certifying that her husband, a veteran of World War II killed or went missing in the war or died after returning from it;
5) a copy of the marriage certificate the person who has drawn up the state benefit, the participant of the Great Patriotic War;
6) certificate registrar authority that after the death of supruga- veteran of World War II was not concluded remarriage.

Article 72. Documents for the purpose of state social benefits

For the purpose of state social benefits, the following documents:
1) application for the public benefit;
2) copy of the passport (an equivalent document) of the person to which is issued by the government.

Chapter 12. Calculation of the size of state benefits


Article 73. Calculation of the size of state benefits for temporary disability

1. The size of state benefits for temporary disability shall be calculated from the value obtained by multiplying the average daily wage by the number of calendar days of temporary disability, and is:
1) 60 percent - if the duration of the work experience of up to five years;
2) 80 percent - if the duration of the work experience of five to eight years;
3) 100 percent - if the duration of the work experience of eight years or more.
2. State benefits for temporary disability, regardless of length of service are paid at a rate of 100 per cent of the value, calculated in accordance with the first paragraph of this Article, the following persons:
1) to a person whose temporary loss of capacity for work was due to employment injury (trauma) or professional disease;
2) a person under 18 years of age;
3) face-orphan (without parental care) who is under the age of 21;
4) a person recognized as a disabled person in the prescribed manner;
5) the mother who is raising a disabled child under the age of 18 years or dependent on their having three or more children under the age of 16 years;

6) the person, temporary disability which occurred in the performance of functions of the donor;
7) combat veterans in other states;
8) a person whose disease is caused by the effects of ionizing radiation and X-ray. 3
. Calculation of the size of state benefits for temporary disability is based on the average monthly and average daily wage during the last two calendar months of work preceding the month of occurrence of temporary disability and the duration of the period of temporary disability in calendar days.
4. The average monthly salary is calculated based on the actual gross salary for the two calendar months preceding the month of occurrence of temporary disability.
Size of state benefits for temporary disability and wages per calendar month together must not exceed the size of two salaries or the two rates.
5. Average daily wage is calculated by dividing the average monthly salary, calculated in accordance with the procedure stipulated by the labor legislation of Turkmenistan, 29.7.
6. Calculation of the size of state benefits for temporary disability for persons working on a rotational, and other special modes of operation is carried out in accordance with the legislation of Turkmenistan.
7. With increasing wages in accordance with the act of the President of Turkmenistan salaries accepted for calculation of the size of state benefits for temporary disability, indexed by a factor of wage increases.
8. For those newly hired or interrupted career, the benefit for temporary incapacity is calculated based on the salary or wage rate at the time of presentation of certificate of incapacity.
(As amended by the Law of Turkmenistan on August 29, 2013 and on June 18, 2016 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Article 74. Calculation of the size and purpose of the state allowance for pregnancy and childbirth

1. The size of state allowances and maternity leave is calculated based on the average monthly and average daily wage for the last twelve calendar months preceding the month of care in maternity leave.
The calculation of the average, and the average daily wage is carried out in the manner prescribed by the legislation of Turkmenistan.

2. The size of the public appointed by the benefits of maternity leave shall be calculated by multiplying the average daily wage by the number of calendar days of maternity leave. 3
. Women who have the time to go on vacation and maternity leave length of service (service life) of less than twelve months, the average monthly salary is calculated for the actually worked calendar months.
4. In granting maternity leave a woman on leave for child care, public benefits and maternity leave is calculated from the salary or wage rate established for the respective positions in the staffing for a month access to the maternity leave.
5. With increasing wages in accordance with the act of the President of Turkmenistan salaries accepted for calculation of the size of state benefits for pregnancy and childbirth, indexed by a factor of wage increases.

Article 75. Calculation of the size and purpose of the public benefit at birth

Size of state benefits at birth is set as a percentage of the base value set for the calculation of government benefits, and is:
1) the birth of the first and second child -130 percent;
2) for the third child - 250 per cent;
3) for the fourth child and subsequent children - 500 percent.

Article 76. Calculation of the size and purpose of the state allowance for child care

State allowance for child care is established for each child up to three years at a rate of 65 per cent of the basic amount fixed for calculating state benefits.
State benefits for child care is granted from the day of birth of the child, regardless of the date of submitting the application on his appointment.
(As amended by the Law of Turkmenistan dated June 18, 2016 -.. Bulletin of the Mejlis of Turkmenistan, 2016, number, art.)

Article 77. Calculation of the size and purpose of the state disability

1. The size of the state disability allowance set as a percentage of the base value set for the calculation of government benefits, and is:
1) disabled children under the age of 18 years - 160 per cent;
2) disabled from childhood I, II and III group - 200 per cent;
3) disabled people who do not have work experience (of insurance):
a) I of the group - 160 per cent;
B) II group - 140 per cent;
Ç) III group - 120 per cent.

2. Invalids I and II groups, have on their dependent minor children, allowance is set to the designated government benefits for each child in the amount of 20 percent of the base rate set for calculating state benefits. 3
. Disabled persons in group I and group II lonely invalids on sight, in need of medical assistance in the conclusion, set allowance to care for them at the rate of 20 per cent of the basic amount fixed for calculating state benefits.
4. State disability benefits granted from the date of establishing the disability, regardless of the date of application for its assignment.
5. Allowances referred to in paragraphs two and three of this article, the persons entitled to them shall be appointed at the same time.
(As amended by the Law of Turkmenistan dated June 18, 2016 -.. Bulletin of the Mejlis of Turkmenistan, 2016, number, art.)

Article 78. Calculation of the size of state benefits awarded spouse a veteran of World War

1. The size of state benefits awarded spouse is a dependent of the deceased or missing in the war veteran of World War II, is set at 290 percent of the base rate set for calculating state benefits.
2. The size of state benefits awarded spouse is a dependent member of the Great Patriotic War, who died on his return from the war, is set at 210 percent of the base rate set for calculating state benefits.

Article 79. The size of state social benefits

State social benefit is set at 70 percent of the base value set for the calculation of state benefits.

Article 80 Recalculation and indexing the size of state benefits

1. Recalculation of the size of the state allowance is made when the change in the calendar year terms, taken when he was appointed, except that the base value of the amount established for the calculation of state benefits, change groups, categories of disability, number of dependents, identifying false data that affect the amount payable to the state allowance as well as the detection of inaccuracies in calculation size.
Recalculation size designated state benefit made from the first day of the month following the month in which the above-mentioned circumstances have arisen.
2. Dimensions paid state benefits provided for in paragraphs 4-7 of the first part of Article 55 of this Code, are indexed in accordance with the act of the President of Turkmenistan.

(As amended by the Law of Turkmenistan on August 29, 2013 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Chapter 13. Payment of government benefits

Article 81. The payment of government benefits, termination of payments

1. State benefits in accordance with the general rules set out in Article 8 of this Code.
2. State benefits provided by this Code shall be terminated from the first day of the month following that in which the following facts emerged:
1) leaving the person receiving state benefits, for permanent residence outside Turkmenistan;
2) the age of 18 disabled child and the appointment of his state disability since childhood;
3) the appointment of retired person receiving state benefits;
4) the achievement of a child three years of age or a child's death, the care of which was assigned a state allowance;
5) expiration of disability established by MSEK th;
6) death of the person who received state benefits.
(As amended by the Law of Turkmenistan on August 29, 2013 and on June 18, 2016 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Article 82. State benefits for temporary disability

1. State allowance for temporary incapacity is paid on the principal place of work (service) citizens.
2. State benefits on the basis of certificate of incapacity issued by the medical institution of a foreign state shall be paid upon confirmation of (replacement) of the certificate of incapacity Turkmenistan health institution. 3
. State benefits for temporary disability a person serving a sentence and working in places of detention, at the place of work by transferring the amount of state aid on his personal account in the correctional facility.

Article 83. State benefits for pregnancy and childbirth

1. State maternity leave for women is paid a lump sum for pre-natal and post-natal at their main job (service).
2. State benefits and maternity leave a woman who are serving and working in places of detention, at the place of work by transferring state aids on her personal account in the correctional facility.

Article 84. State benefits at birth

1. State grant on the birth of the child is paid at the same time one of the parents, adoptive parents or guardian.

2. In the case of the birth of two or more children at the same time the benefit is paid for each child in the amount set in Article 75 of this Code.

Article 85. State benefits for child care

1. State allowance for child care is paid from the date of birth of the child until the age of three years.
2. The persons mentioned in the second paragraph of Section 63 of this Code, the allowance for child care is paid from the date of birth of the child, but not earlier than the date of death of the mother and (or) the father or the date of making the corresponding decision (which came into force a court decision, the decision of the guardianship to conclude the health facilities) to achieve a child aged three years. 3
. State benefits for child care on a monthly basis to one of the parents, adoptive parents or guardian.
(As amended by the Law of Turkmenistan on August 29, 2013 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Article 86. The payment in a timely manner unclaimed or unpaid government benefits

Not promptly claimed by recipients or unpaid due to the fault of the local authority of the Pension Fund of Turkmenistan government benefits are paid for a period expiring not limited to any period and size.
In the case of re-examination of MSEK th person as a disabled payment of state disability benefits is resumed from the date of its termination in accordance with paragraph 5 of the second part of Article 81 of this Code, but not more than two months before the date of re-examination. In this case, if the person re-recognized as invalid, transferred to another group of disability, the state disability allowance is paid for the specified period by the same group of disability.
(As amended by the Law of Turkmenistan on August 29, 2013 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Article 87. State benefits in case of death of the beneficiary

In the case of death of the person who received state benefits, non-receipt of the amount of their state benefits per month, inclusive of his death shall be paid without restrictions in any period and the size of one of the adult family members with their consent.

Article 88. Payment of the one-time monetary compensation to recipients of state benefits

1. Unemployed recipients of state benefits, under the age of 62 years, shall be paid a lump sum compensation in the amount of the monthly amount of the state aid received by them on the date of payment of remuneration.

2. The one-time cash reward is paid regardless of a person on the account statement as a recipient of state benefits to the local authority of the Pension Fund of Turkmenistan on the day of reaching the age of 62 years. 3
. Lump sum cash consideration paid in the manner certain act of the President of Turkmenistan.

Article 89. State benefits to persons resident in nursing homes, boarding schools, orphanages

Payment of government benefits to persons resident in nursing homes for the elderly and disabled, boarding schools, orphanages and other institutions, are on full state support, at the rate of 20 per cent of the appointed sum, but not less than 20 per cent of the base the value set for the calculation of state benefits.

Article 90. State benefits for persons who are hospitalized

1. State benefits for persons who are hospitalized, with the exception of persons undergoing compulsory treatment and treatment in a psychiatric institution on a monthly basis in the full delivery to the treatment site.
2. Persons undergoing compulsory treatment, state benefits paid after discharge without limitation any term and size.

Article 91. State benefits for persons who are receiving treatment in a psychiatric institution

1. Individuals who are being treated in a psychiatric institution, state benefits paid after discharge without limitation any term and size.
2. The administration of the psychiatric institution for admission to treatment a person receives a state pension, and his statement is obliged within five days to inform the relevant local authority of the Pension Fund of Turkmenistan.

Article 92. State benefits to persons serving sentences in prisons

1. State benefits for a person serving a sentence in prison, with the exception of state benefits for temporary disability and public benefits and maternity leave, upon request the prison authority Turkmen Pension, located at the location of the detention facility, by transferring state benefit amount on the personal account of the person in a correctional institution or body of the Pension Fund of Turkmenistan at the place of residence of the said person at his request - to open a bank in his personal account name.

2. State benefits for temporary disability and public benefits for pregnancy and childbirth is made in accordance with Articles 82 and 83 of this Code. 3
. Correctional facility of registration of the person receiving state benefits, serving his sentence in prison, and his removal from the register within five days, according to the body of the Pension Fund of Turkmenistan on the location of the detention facility.

Chapter 14. Deductions from state
benefits. Dispute resolution

Article 93. Deductions from state benefits

1. Deductions from state benefits are made with the written consent of the recipient of state benefits, on the basis of decisions, rulings, decisions and Court judgments (in the part of property claims), the executive inscription notary public offices and other solutions, the implementation of which, in accordance with the law made in the order established by the for the execution of court decisions.
2. Deductions from the state allowance at the birth of the child, state aid for child care are not made. 3
. The total amount of all monthly deductions shall not exceed 50 per cent of the monthly allowance paid to the state.

Article 94. Retention of overpaid amount of state aids

1. Hold overpaid amount of state aid as a result of the submission of its recipient deliberately false information is made from the amount payable to the state benefit the local authority of the Pension Fund of Turkmenistan or of the sum of salary - the employer, in accordance with its decisions.
2. Needless to amounts paid state benefits through the fault of the local bodies of the Pension Fund of Turkmenistan, employers or banks shall be reimbursed in accordance with the legislation of Turkmenistan. 3
. Retention sums unduly paid state allowance is credited depending on the source of funding according to the State Budget of Turkmenistan, Turkmen Pension Fund budget, on account of the employer.

Article 95. Resolution of disputes on state benefits

1. The debate on the right to state benefits, calculating the size, appointment and payment of state benefits, with the exception of state benefits for temporary disability and public benefits for pregnancy and childbirth, initially treated by local Pension Fund of Turkmenistan.

In case of disagreement, the recipient of the state aids to the decision of local authorities dispute is considered by the Pension Fund of Turkmenistan.
Pension Fund of Turkmenistan's decisions can be appealed in court.
2. The debate on the right to state benefits for temporary disability and public benefits and maternity leave, calculating the size, appointment and payment of state benefits are considered by the employer, and (or) by the court. 3
. The debate on the retention of overpaid sums of state benefits in the case provided by part one of Article 94 of this Code shall be considered, respectively, the Pension Fund of Turkmenistan or the employer, and in case of disagreement, the recipient of state benefits, as well as in the case provided for by Article 94 of this Code, - court.

SECTION IV. SOCIAL SERVICES

Chapter 15. General

Article 96. Directions and forms of social services

1. Social service is an activity on rendering of social, socio-medical services to persons who are in need of assistance in connection with the partial or complete loss of the possibility of their own to meet their basic needs due to limited capacity for self-care and (or) movement, as well as implement measures for their social adaptation and rehabilitation.
2. Social care includes a set of social services for senior citizens and disabled persons at home or in social care institutions, regardless of ownership. 3
. Social services can be carried out by state and non-state social service agencies. Model Regulations on the institutions of social services developed and approved by the Ministry of Labour and Social Welfare of Turkmenistan.

Article 97. Main principles of activity in the field of social service

The main principles of social service activities are:
1) respect for the rights of people served;
2) ensure equal access to social services and their accessibility for people who need them;
3) the implementation of social services to the individual needs of people served.

Article 98 guarantees respect for the rights of citizens in the field of social service


The State guarantees the lonely, elderly people, disabled people in need of assistance in connection with the partial or complete loss of the possibility of their own to meet their basic needs due to limited capacity for self-care and (or) movement, the ability to obtain social services.

Article 99. Types of social service

1. Social services include:
1) social care, including social and health services;
2) Semi-stationary social services in day care departments of social service agencies;
3) stationary social services in offices day and night stay social care institutions;
4) other social services.
2. At the request of citizens social services can be carried out on a permanent or temporary basis. 3
. Social services for citizens can be free of charge and on a fee basis.
4. Destinations kinds of social services, types of contracts for social services, types of paid social services and other social services provided by the charter questions of social service agencies.

Article 100. Management of social service

1. Social services are provided social service agencies in cities, towns and villages with large populations.
2. Management of social service agencies by the Ministry of Labour and Social Welfare of Turkmenistan in accordance with its powers. 3
. Methodical assistance to non-state institutions of social care and control over their activities are carried out by the Ministry of Labor and Social Protection of Turkmenistan.

Article 101. Sources of financing social services

1. The sources of financing of social services are means:
1) local budgets;
2) coming from enterprises, organizations and institutions, individual entrepreneurs in the form of sponsorship;
3) coming from the citizens, which provides social services on a fee basis;
4) coming in the form of charity and humanitarian assistance;
5) other sources not prohibited by the legislation of Turkmenistan.
2. Cash, including bank accounts and other property of the deceased single people who were on social services in social care institutions and had no heirs, as well as funds from the sale of the property used by social service agencies for their intended purpose.

Article 102. Control over the activities of social service institutions


Control over the activities of social service agencies in accordance with the legislation of Turkmenistan.

Chapter 16. The rights of citizens in the field of social service


Article 103. The right of citizens to social services

Citizens in need of permanent or temporary assistance in connection with the partial or complete loss of the possibility of their own to meet their basic needs due to limited capacity for self-care and (or) movement are entitled to social services carried out in the state and (or) non-governmental social service.

Article 104. The rights of citizens in obtaining social services

1. Upon receipt of social services, citizens have the right to:
1) respectful and humane attitude of the workers engaged in social services;
2) to obtain information about their rights, responsibilities, types and forms of social services, the conditions of their provision, including social services of payment terms;
3) rejection of social services;
4) maintaining the confidentiality of personal information that has become known to the employee engaged in social service in the provision of social services.
2. Citizens should be aware of the pre-conditions for stay in social care establishments and types of services provided by them.

Article 105. Provision of social care

1. Social services are provided on the basis of a written application of citizens to receive social services.
Disclaimer of individual types of social services issued a written statement of citizens.
2. Citizens are bacteria carriers or virus carriers or if they have a chronic alcoholism, drug addiction, diseases associated with substance quarantine infectious diseases, active tuberculosis, mental illness, sexually transmitted and other diseases requiring treatment in specialized health institutions, are not accepted on social services on the basis of the conclusion of the medical institution. 3
. Social service of citizens can be stopped in case of violation of the established rules and regulations.

SECTION V. STATUS OF VETERANS

Chapter 17. Status of Veterans

Article 106. Categories veterans

For merits in defending the Fatherland, impeccable military service and long hard work following categories are established veterans:
1) war veterans;
2) veterans of the fighting in the territories of other States;
3) veterans-workers of the home front during World War II;
4) veterans of military service;

5) veterans of the internal affairs bodies;
6) labor veterans.

Article 107. Veterans of the Great Patriotic War

1. For veterans include:
1) participants of the Great Patriotic War:
a) military personnel, including laid-off in the stock (retired), passed military service (including students of military units and apprentices) or temporarily stationed in the military units, headquarters, institutions that were part of the army during World war II; | | | B) military personnel, including those transferred to the reserve (retired), privates, sergeants and officers of the state security and law-enforcement bodies, which took place during World War II service in the cities participating in the defense of which counted in the years of service the appointment of pension on favorable conditions established for servicemen of military units of the army;
Ç) face civilian employee of the army and the navy, army and law-enforcement bodies, national security, occupied during the Second World War established posts in military units, staffs and institutions that were part of the army or were in that period in the cities, participated in the defense of which counted in the years of service with a pension on preferential terms established for servicemen of military units of the army;
D) employees of enterprises, military facilities, commissariats, departments, translated during the Great Patriotic War on the situation of persons who are in the Red Army, and to perform tasks in the interests of the Army and Navy within the boundaries of existing rear edges or operational areas of existing fleets ;
E) intelligence officials, counterintelligence, and other persons to perform specific tasks in the military units of the army, behind enemy lines, or in the territories of other States in the Great Patriotic War;
Ä) soldiers, including laid-off in the stock (retired) persons civilian employee staff, soldiers and commanders of the assault battalions, platoons and squads to protect the people who took part in combat operations in the performance of combat missions in the former USSR in the period from January 1, 1944 to May 9, 1945;
F) professionals in the field of cultural services, media, seconded during the Great Patriotic War in the army;
G) persons who participated in the fighting against Nazi Germany and its allies, as part of guerrilla groups, clandestine groups and other groups during World War II;
H) persons from among former servicemen taken prisoner in Germany and its allies in the fighting in the Great Patriotic War and subsequently rehabilitated;

2) servicemen, including laid-off in the stock (retired), military service in the period from June 22, 1941 to September 3, 1945, military units, institutions, military educational institutions, not part of the active army, and awarded with the medal "For the victory over Germany in the Great Patriotic war of 1941-1945." and the medal "For the victory over Japan";
3) persons working in enterprises, organizations and institutions of the city of Leningrad during the blockade of the eighth day of September, 1941 to January 27, 1944 and awarded with the medal "For the Defense of Leningrad" and persons awarded with badge "Resident of blockade Leningrad" ;
4) persons working for the air defense facilities on the construction of fortifications, naval bases, airfields and other facilities within the boundaries of existing rear fronts, on the front-line areas of railways and roads;
5) the person called and the command of the local authorities to collect ammunition and military equipment, de-mining areas and facilities;
6) persons who participated in the implementation of tasks in the troops entered in the national security interests in Iran during World War II.
2. The list of military units, staffs and institutions that were part of the army during World War II, and the list of cities participating in the defense of which is included in the length of service for the purpose of pensions on favorable conditions established for servicemen of military units of the army, determined by the Ministry of Defense of Turkmenistan .

Article 108. Veterans of the fighting in the territories of other states

To veterans of operations in the territories of other states include:
1) Persons with disabilities combat operations in other states:
a) soldiers, ordinary person, sergeants and officers of the state security and law-enforcement bodies, who became disabled due to injury, concussion, injury or disease received in war zones during the periods set by the Ministry of defense of Turkmenistan;
B) workers serving the existing contingents in other states and have become disabled due to injury, concussion, injury or disease received in the period of reference in their hostilities;
Ç) soldiers, the ordinary person, sergeants and officers of the state security and law-enforcement bodies, the soldiers and commanders of the assault battalions, platoons and squads to protect the people who have become disabled due to injury, concussion, injury or disease received in combat jobs in the territory of the former USSR in the period from 10 May 1945 to 31 December 1951;

2) involved in the fighting in the territories of other states:
a) military personnel, including laid-off in the stock (retired), military service, called up for military training, privates and non-commissioned officers of the state security and law-enforcement bodies , employees of these bodies, employees of the Ministry of Defence of the former USSR, directed by public authorities in the former Soviet Union and other countries took part in the fighting while on duty in these countries;
B) military personnel, including those transferred to the reserve (retired), privates and non-commissioned officers of the state security and law-enforcement bodies, and the men and the commanders of the assault battalions, platoons and squads to protect the people who took part in combat operations at combat missions in the former USSR in the period from 10 May 1945 to 31 December 1951;
Ç) military battalions car on their way to deliver cargo to Afghanistan during combat operations;
D) military flight personnel who committed sorties combat missions in Afghanistan from the territory of the former USSR during the conduct of hostilities;
3) persons (including members of the flight crews of civil aircraft, operates flights to Afghanistan during combat operations), serving the military contingents of the Armed Forces of the former USSR on the territory of other states, wounded, contusions or injuries or The awarded orders and medals the former Soviet Union for participation in support of combat operations;
4) employees towards work in Afghanistan (including members of the flight crews of civil aircraft) in the period from December 1979 to December 1989, as well as in other states, where the fighting took place, spent the prescribed period or seconded ahead for good reasons.

Article 109 veterans home front workers during the Great Patriotic War

For veterans-workers of the home front during World War II are Turkmen citizens born before 31 December 1931.

Article 110. Veterans of military service


Are soldiers of the Armed Forces of the former USSR, the Armed Forces of Turkmenistan, the State Security Committee of the former USSR, the Ministry of National Security of Turkmenistan, border troops, internal troops, railroad troops, government communications troops, civil defense troops of the former Soviet Union, military to military service veterans State border service of Turkmenistan, military ministries and departments of Turkmenistan (former Soviet Union), which provides for military service, awarded orders or medals or award honorary titles of Turkmenistan (former Soviet Union), or awarded departmental marks of distinction, and with: men - seniority of at least 25 years and women -20 years, including transferred to the reserve (retirement) and have become disabled due to injury, concussion, injury or disease received in connection with the performance of military duties.

Article 111. Veterans of internal affairs

To veterans of internal affairs are an ordinary person, sergeants and officers of bodies of internal affairs, was awarded the Order or any medals awarded honorary titles of the former USSR or Turkmenistan or departmental The awarded marks of distinction, and with: men - seniority of at least 25 years of age and women - 20 years.

Article 112. Labor Veterans

To veterans of labor are persons, holder of state awards of the former USSR or Turkmenistan, including the award of honorary titles, and having work experience in enterprises, organizations and institutions, regardless of ownership: men - not less than 25 years, women - at least 20 years.

Article 113. Certification of veteran

1. Veterans are issued certificates of the established sample:
1) veterans, military operations on the territories of other states, military service - the Ministry of Defense of Turkmenistan;
2) veterans of internal affairs agencies - the Ministry of Internal Affairs;
3) labor veterans and home front workers during the Great Patriotic War - khyakimliks at the place of residence of veterans.
2. Samples of certificates for veterans, provided for in paragraph 1 of this Article, shall be approved by the Ministry of Defense of Turkmenistan, for veterans, provided for in paragraph 2, - the Ministry of Internal Affairs and Veterans, provided for in paragraph 3, - the Ministry of Labour and Social Welfare of Turkmenistan in consultation with the Cabinet Ministers of Turkmenistan.

SECTION VI. Social protection of veterans, the disabled, orphans and children left without care PARENTS

Chapter 18. MEASURES social protection of veterans,

Orphans and children left without care PARENTS


Article 114. Measures of social protection of war veterans and invalids of operations in the territories of other states

1. War veterans and disabled military operations in the territories of other States as measures of social protection are provided the following rights and privileges:
1) free receipt of medicines prescribed by doctors in the state pharmaceutical institutions, including specialized, within the limits and in the manner established by the Cabinet of Ministers of Turkmenistan;
2) free manufacture and repair of dentures (except dentures made of precious metals) in public health care facilities in the community, as well as the free provision of artificial limbs and other orthopedic products;
3) extraordinary free service in public outpatient clinics and extraordinary hospitalization;
4) a free spa treatment once a year based on the decision of the Central Coordination Commission, the Ministry of Health and Medical Industry of Turkmenistan;
5) the payment of working disabled fighting benefits for temporary disability in the amount of 100 percent of the value, calculated in accordance with the first paragraph of Article 73 of this Code, irrespective of length of service;
6) primary overhaul of individual houses owned by them;
7) priority in obtaining local building materials for individual housing construction in the manner prescribed by the authorized body in the field of production of construction materials;
8) Extraordinary repairs of premises occupied by them;
9) an extraordinary provision of living space in the houses of the state housing stock in need of better housing conditions;
10) inadmissibility of eviction from service premises they occupy, without the provision of alternative accommodation;
11) free land plot in the amount defined by the legislation of Turkmenistan for construction of individual houses, garages, doing gardening services;
12) the right to receive interest-free loans for housing construction, purchase (construction) of individual houses, their overhaul, gas supply, connection to the water supply and sewerage networks, as well as the acquisition of (building) garden houses, landscaping gardens, organization of subsidiary or farm in the manner and amount determined by the Cabinet of Ministers of Turkmenistan;

13) free use of a total area of ​​occupied dwellings, including widow (er), cohabiting;
14) Extraordinary free installation of telephone, wired radio point. Disabled people fighting are exempt from the monthly subscription fee for telephone, wired radio broadcasting;
15) free use of water, gas, electricity in excess of the norms of expenditure;
16) free use of central heating services for the export of household and other waste water disposal;
17) free travel once a year (there and back), at their request, railway, air, water and long-distance road transport;
18) 50 per cent discount in fare without limiting the number of trips in the autumn-winter period in the railway and air transport. A person accompanying the disabled group I in such trips, enjoy a 50 percent discount;
19) free travel on all forms of urban passenger transport (except taxi cars) and on motor transport of general use (except for passenger taxis) in rural areas within the district of, regardless of their place of residence;
20) free travel on rail and water transport, commuter buses and commuter routes;
21) Extraordinary purchase tickets for all modes of transport;
22) The right to an extraordinary welcome in nursing homes for the elderly and disabled people, social service centers, as well as the extraordinary reception service departments of social assistance at home.
2. Travel benefits listed in the first part of this article, act on the territory of Turkmenistan. Conditions and procedure for concessional travel on the territory of other states of the former Soviet Union, governed by the relevant international agreements. 3
. Benefits for participants of the Great Patriotic War apply to the persons referred to in paragraphs 2-6 of the first part of Article 107 of this Code, as well as minors who were in concentration camps, ghettos and other places of detention, created by Nazi Germany and its allies during the Second World War and became disabled in childhood as a result of concussion, wounds, injury, in connection with the hostilities and their consequences during the Great Patriotic war.
(As amended by the Law of Turkmenistan on August 29, 2013 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Article 115. Measures of social protection of participants of military operations in the territories of other states

1. The participants of military operations in the territories of other States referred to in paragraph 2 of Article 108 of this Code shall be granted the following rights and privileges:

1) free receipt of medicines prescribed by doctors in the state pharmaceutical institutions, including specialized, within the limits and in the manner established by the Cabinet of Ministers of Turkmenistan;
2) free manufacture and repair of dentures (except dentures made of precious metals) in public health care facilities in the community, as well as the free provision of artificial limbs and other orthopedic products;
3) the use of annual basic leave at a convenient time for them, and the provision of additional leave without pay for up to 30 calendar days a year;
4) primary repair of premises occupied by them;
5) priority provision of living space in the houses of the state housing stock in need of better housing conditions;
6) the inadmissibility of eviction from service premises they occupy, without the provision of alternative accommodation;
7) receive free land in the amounts established by the legislation of Turkmenistan, for the construction of individual houses, garages, doing gardening farms, organization or subsidiary farming;
8) free use of a total area of ​​occupied dwellings, including members of their families living with them;
9) pre-emptive right on the installation of telephone, wired radio point;
10) 50 per cent discount to pay for installation of telephone, wired radio point as well as a 50 percent discount to the monthly subscription fee for telephone, wired radio broadcasting;
11) free use of water, gas, electricity in excess of the norms of expenditure;
12) free use of central heating services for the export of household and other waste water disposal;
13) having a wound, contusion or mutilation - free transportation once in two years (there and back) on the rail, air, water or long-distance road transport or, if they so wish, travel with a 50-percent discount in the payment once per year (there and back) to these modes of transport;
14) free travel on all forms of urban passenger transport (except taxi cars) and on motor transport of general use (except for passenger taxi), in a rural district of the range, regardless of the place of residence;
15) free travel on the railways and commuter buses suburban routes;
16) Extraordinary purchase tickets for all modes of transport.

2. Travel benefits listed in the first part of this article, act on the territory of Turkmenistan. Conditions and procedure for concessional travel on the territory of other states of the former Soviet Union, governed by the relevant international agreements.

Article 116. Measures of social protection of persons serving the military contingents on the territories of other states

Persons served by troops in the territories of other states (including members of the flight crews of aircraft operating flights to Afghanistan during combat operations), wounded, contusions or injuries or awarded orders and medals for their participation in support of combat operations, as measures of social protection are provided the following rights and privileges:
1) the use of annual basic leave at a convenient time for them, and the provision of additional leave without pay for up to 30 calendar days a year;
2) inadmissibility of eviction from service premises they occupy, without the provision of alternative accommodation;
3) the pre-emptive right to the installation of telephone, wired radio point.

Article 117. Measures of social protection of workers on their way to work in other states, which were fighting

Employees sent to work in Afghanistan for the period from December 1979 to December 1989, as well as in other states, where the fighting took place, spent the prescribed period or seconded ahead for good reasons, as the social protection measures include rights and benefits:
1) the use of annual basic leave at a convenient time for them;
2) the pre-emptive right to the installation of telephone, wired radio point.

Article 118. Measures of social protection of workers of the home front veterans of the Great Patriotic War

Veterans, home front during World War II provided the following rights and privileges:
1) 50 per cent discount from the cost of medicines purchased by prescription in public pharmacies, including specialized, within the limits and in accordance with the procedure established by the Cabinet of Ministers of Turkmenistan;
2) free manufacture and repair of dentures (except dentures made of precious metals) in public health care facilities in the community, as well as the free provision of artificial limbs and other orthopedic products;

3) receive free land in the amount determined by the legislation of Turkmenistan, for the construction of individual houses, garages, doing gardening farms, organization or subsidiary farming;
4) pre-emptive right on the installation of telephone, wired radio point;
5) free travel on all forms of urban passenger transport (except taxi cars) and on motor transport of general use (except for passenger taxis) in rural areas within the district of, regardless of place of residence;
6) 50 per cent discount to pay for travel on the railways and commuter buses suburban routes;
7) pre-emptive right for admission to nursing homes for the elderly and disabled people, social service centers, as well as the extraordinary reception service departments of social assistance at home.

Article 119. Measures of social protection of veterans of military service and law-enforcement bodies

Measures of social protection of veterans of military service, veterans of the internal affairs bodies shall be established by special legislative acts of Turkmenistan.

Article 120. Measures of social protection of family members of the victims (dead) war veterans, invalids and participants of combat operations on the territory of other states

1. Privileges established for the families of the victims (dead) war veterans, invalids and participants of combat operations on the territory of other States (hereinafter the dead (deceased), available to disabled members of the family of the deceased (the deceased), his dependents and receiving (eligible receiving) for survivor's pension in accordance with this Code
The said above family members enjoy the following rights and benefits:
1) the issuance of the family members of the dead (deceased) certificates of inheritance without paying the state fee;.
2) receive free medicines prescribed by doctors in the state pharmaceutical institutions, including specialized, within the limits and in the manner established by the Cabinet of Ministers of Turkmenistan, for parents, wife (husband) of the deceased (the deceased);
3) repair of individual houses owned by them;
4) inadmissibility of eviction of families of the victims (dead) occupied from their official premises without providing alternative accommodation;
5) an extraordinary provision of premises in houses of the state housing stock in need of better housing conditions;

6) free land plot in the amount defined by the legislation of Turkmenistan for construction of individual houses, garages, doing gardening farms, organization or subsidiary daikhan economy;
7) free use of a total area of ​​occupied dwellings;
8) free use of water, gas, electricity in excess of the norms of expenditure;
9) free use of central heating services for the export of household and other waste water disposal;
10) free travel of parents, wife (husband) of the deceased (the deceased) on all forms of urban passenger transport (except taxi cars) and on motor transport of general use (except for passenger taxis) in rural areas within the district of, regardless of living place;
11) free travel of parents, wife (husband) in rail transport commuter trains and buses suburban routes;
12) The right to an extraordinary reception in nursing homes for the elderly and disabled people, social service centers, including at home, wife (husband) of the deceased (the deceased).
2. Benefits provided by part one of this article, regardless of location dependent and receiving any kind of pension, state benefits and wages are available:
1) is not entered (not entered) remarried wife (husband) of the deceased (the deceased) participant Great Patriotic war, the disabled fighting in the territories of other States;
2) alone living parents of the deceased (the deceased) and disabled combatants in the territories of other States;
3) living alone (living) and not entered (not entered) remarried wife (husband) of the deceased (the deceased) combatants in the territories of other states. 3
. Benefits provided by part one of this article shall apply to members of the families:
1) servicemen, privates, sergeants and officers of state security structures and law-enforcement bodies who perished in the performance of military duties (official duties);
2) servicemen who died in captivity, recognized in the manner prescribed by law as missing during the Great Patriotic War, as well as in areas of combat operations on the territory of other states - from the time of delisting soldier of the military unit;
3) persons from among the personnel of the self-defense groups, site-local teams and emergency air defense, who died in World War II;
4) persons working in hospitals, clinics and the city of Leningrad who died during the Great Patriotic War.


Article 121. Measures of social protection of labor veterans

Veterans labor provided tax benefits established by the Tax Code of Turkmenistan and other legislative acts of Turkmenistan.

Article 1211. Measures of social protection of orphans and children left without parental care

1. Orphans and children left without parental care, as social protection measures include the rights and benefits:
1) providing an annual lump-sum grant for the purchase of school supplies and writing, as well as financial assistance;
2) scholarships at a higher rate;
3) free travel in the period of study in all forms of urban passenger transport (except taxi cars) and on motor transport of general use (except for passenger taxis) in rural areas within the district of, regardless of their place of residence;
4) free travel once a year to the place of residence and back to the place of study on rail, water transport and commuter buses;
5) extraordinary free maintenance and treatment in public outpatient clinics and hospitals;
6) provision of residential premises in accordance with housing legislation of Turkmenistan.
Measures of social protection of orphans and children left without parental care, under paragraphs 1, 2 and 5 of this Article shall be financed from the State budget provided for in paragraphs 3 and 4, - funded at the expense of own funds of the undertakings.
2. Orphans and children left without parental care, in addition to the measures provided for by part one of this article, the ministries and departments of Turkmenistan, local executive bodies and local self-government additional benefits at the expense of other sources may be provided, not prohibited by the legislation of Turkmenistan. 3
. The rights and privileges stipulated by part one of this article shall also apply to the persons referred to in this article, studying in higher and secondary vocational educational institutions for full-time students under the age of 24 years.
(Code is supplemented with Article 1211 Law of Turkmenistan on August 29, 2013 -. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Chapter 19. Sources of funding for the social protection
veterans.

Public Association of Veterans
Article 122. Sources of financing for social protection of veterans of measures

1. The costs for the implementation of the rights and benefits provided to veterans of this Code shall be made at the expense of:
1) the own funds of the undertakings:

A) participants of the Great Patriotic War and people with disabilities combat operations in other states:
payment of working participants of the Great Patriotic War and people with disabilities combat operations in the territories of other states of the state allowances for temporary disability;
Free installation and free use of telephone, wired radio point;
Free use of water, gas, electricity in excess of the norms of expenditure;
Free use of central heating services for the export of household and other waste water disposal;
Free travel on rail, air, water transport, road transport of general use, providing 50 per cent discount on fares indicated modes of transport;
B) participants of military operations in the territories of other states:
50 percent discount to pay for installation of telephone, wired radio point and a 50 percent discount to the monthly subscription fee for telephone, wired radio broadcasting;
Free use of water, gas, electricity in excess of the norms of expenditure;
Free use of central heating services for the export of household and other waste water disposal;
Having a wound, contusion or mutilation - free transportation once in two years (there and back) on the rail, air, water or long-distance road transport, or, if they so wish, travel to the 50 per cent discount to pay for once year (there and back) to these modes of transport;
Ç) veterans, home front workers during the Great Patriotic War:
free travel on all forms of urban passenger transport (except taxi cars) and on motor transport of general use (except for passenger taxis) in rural areas within the district of regardless of place of residence;
50 per cent discount to pay for travel on rail, water transport, commuter buses and commuter routes;
D) members of the families of the victims (dead) war veterans, invalids and participants of combat operations on the territory of other states:
free use of water, gas, electricity in excess of the norms of expenditure;
Free use of central heating services for the export of household and other waste water disposal;
Free travel on public road transport (except taxi cars) in rural areas within the district of, regardless of place of residence;
Free travel on rail and water transport, commuter buses and commuter routes;
2) of the State Budget of Turkmenistan:

A) participants of the Great Patriotic War and people with disabilities combat operations in the territories of other states, participants of operations in the territories of other states:
receive free drugs;
Free manufacture and repair of dentures (except dentures made of precious metals), as well as the free provision of artificial limbs and other orthopedic products;
B) veterans, home front workers during the Great Patriotic War:
50 percent discount from the cost of medicines;
Free manufacture and repair of dentures (except dentures made of precious metals and metal), as well as the free provision of artificial limbs and other orthopedic products;
Ç) members of the families of the victims (dead) war veterans, invalids and participants of combat operations on the territory of other states:
50 percent discount from the cost of medicines;
3) local budgets:
a) participants of the Great Patriotic War and people with disabilities combat operations in the territories of other states, participants of operations in the territories of other states:
overhaul of individual houses owned by them;
Repair occupied dwellings;
Free use of land in the amount defined by the legislation of Turkmenistan for construction of individual houses, garages, doing gardening services;
Free use of a total area of ​​occupied dwellings;
B) veterans, home front workers during the Great Patriotic War:
free use of land in the amount determined by the legislation of Turkmenistan, for the construction of individual houses, garages, doing gardening services;
Ç) members of the families of the victims (dead) war veterans, invalids and participants of combat operations on the territory of other states, the fighting in the territories of other states:
overhaul of individual houses owned by them;
Repair occupied dwellings;
Free use of land in the amount determined by the legislation of Turkmenistan, for the construction of individual houses, garages, doing gardening services;
Free use of a total area of ​​occupied dwellings.
2. Financing of the additional social protection of veterans of measures can be carried out by local executive authorities and local self-government in the prescribed manner from other sources not prohibited by the legislation of Turkmenistan.

Article 123. Public associations of veterans


1. Public associations of veterans created to protect the rights and legitimate interests of veterans in accordance with the law.
2. The bodies of state power and administration, local executive authorities and local self-government shall assist in the activities of public associations of veterans. 3
. Decisions on matters of social protection of veterans, activity public associations of veterans taken by public authorities, bodies of local executive power and local self-government.

Chapter 20. Social protection of persons with disabilities

Article 124. Bases of the legal status of persons with disabilities

1. Disabled people in Turkmenistan have the full social, economic, political or personal rights and freedoms enshrined by the Constitution of Turkmenistan, this Code and other normative legal acts of Turkmenistan.
2. Discrimination against the disabled is prohibited and punishable by law.

Article 125. Protection of the rights, freedoms and lawful interests of persons with disabilities

1. Protection of the rights, freedoms and lawful interests of persons with disabilities is provided by the state in accordance with the legislation of Turkmenistan.
2. A citizen has the right to challenge the decision of the authorized state body for recognition or non-recognition of his disability in the manner determined by the legislation of Turkmenistan.

Article 126 Controls

State management in the field of social protection of disabled persons by the Ministry of Labor and Social Protection of Turkmenistan, the Ministry of Health and Medical Industry of Turkmenistan, local executive bodies and local self-government.

Chapter 21. Public associations of persons with disabilities

Article 127. Public associations of persons with disabilities

1. Public associations are created by people with disabilities in the implementation of measures on social protection, employment and social and medical rehabilitation of disabled persons and their involvement in socially useful activities.
2. The bodies of state power and administration, local executive authorities and local governments provide assistance and support to public associations of disabled people in their activities.

Article 128. The activities of public associations of the disabled

1. Public associations of disabled persons carry out their activities in accordance with the law.
2. Public associations of disabled people and their enterprises enjoy the benefits in accordance with the legislation of Turkmenistan. 3
. Creation, reorganization, liquidation of public associations of disabled persons in accordance with the legislation of Turkmenistan.


Chapter 22. Rehabilitation of the disabled

Article 129. Rehabilitation of the disabled

1. Rehabilitation of the disabled is a set of medical, professional and social measures aimed at restoration of violated or lost functions, ability to self-service, various forms of professional activity.
2. Rehabilitation of the disabled is carried out in rehabilitation centers, offices of Rehabilitation, special educational specialized sanatorium establishments and institutions for the provision of social services to the disabled.

Article 130. The individual rehabilitation program for disabled

1. Medical, professional and social rehabilitation of disabled persons in accordance with the individual rehabilitation program developed by health agencies.
2. The bodies of state power and administration, local executive authorities and local self-government, enterprises, organizations and institutions to assist in the performance of individual disability rehabilitation program.

Chapter 23. Employment, Education
and professional training of persons with disabilities

Article 131. The right to work of persons with disabilities

1. Persons with disabilities have the right to work in enterprises, organizations and institutions with the usual working conditions, specialized enterprises, workshops and stations employing disabled people work and engage in business activities, not prohibited by the legislation of Turkmenistan.
2. Failure to conclude an employment contract or in the promotion, dismissal on the initiative of the administration, translation disabled to another job without his consent on the grounds of disability is not allowed, except in cases where the conclusion of a medical examination of his state of health prevents the execution of professional duties or threatens the health and safety of others work.

Article 132. Terms of labor disabled

1. Disabled persons employed in enterprises, organizations and institutions, creates the necessary conditions of work in accordance with the individual rehabilitation program.
2. Working conditions, working hours and rest periods, the duration of the annual principal and additional holidays are established in accordance with the legislation of Turkmenistan.

Article 133. Employment of persons with disabilities

1. Taking into account the working conditions at the enterprises, organizations and institutions established quota of jobs for people with disabilities.
2. The procedure for setting the quotas of jobs for people with disabilities and employment in these jobs are approved by the Ministry of Labor and Social Protection of Turkmenistan.
3
. Bodies of local executive authorities assisted in the organization of disabled persons engaged in entrepreneurial activities and self-employed persons with disabilities.

Article 134. Education and professional training of persons with disabilities

1. The State guarantees the necessary conditions for disabled people to receive education and training.
2. Education authorities are obliged to provide health care and pre-school and school education for disabled children, disabled people receive general secondary education, as well as assisting in the training of people with disabilities in accordance with the individual rehabilitation program.

Article 135. Pre-school education of children with disabilities

1. Education authorities and health care are obliged to create conditions for the education of disabled children of pre-school age and providing them with the necessary rehabilitation assistance in pre-school institutions of general type to stay in their disabled children.
2. For children with disabilities whose state of health precludes the possibility of their stay in pre-school institutions of general type, are specialized preschools.

Article 136. General secondary education, primary, secondary and higher vocational education of persons with disabilities

1. General secondary education, primary, secondary and higher vocational education of persons with disabilities is carried out in the general type of education, and if necessary - in special educational institutions in the manner prescribed by the Law of Turkmenistan "On education".
2. Invalids I and II groups to which the conclusion of the MSEC is not contraindicated training in primary, secondary and higher vocational schools, are taken out of the competition. 3
. Group III with disabilities in equal conditions have a preferential right to be enrolled in primary, secondary and higher vocational education.
4. In persons with disabilities studying at the secondary and higher professional education state grants and scholarships they are paid in full.
5. On graduation invalid is sent to work in the specialty, taking into account the working conditions and the individual rehabilitation program.

Article 137. Non-formal education of children with disabilities

Education authorities and other public bodies create necessary conditions for accessibility for disabled children school education.

Article 138. The education and training of children with disabilities in institutions

Education Authorities will organize training sessions for disabled children undergoing treatment in hospital, treatment and prevention or rehabilitation facilities.

Article 139. Sign Language


State recognized sign language as a means of interpersonal communication.

Chapter 24. Disabled access to social infrastructure

Article 140. Creation of conditions for access of persons with disabilities to residential buildings and social infrastructure

The bodies of state power and administration, local executive authorities and local self-government, enterprises, organizations and institutions, regardless of ownership, are obliged to create conditions for people with disabilities access to residential, public and industrial buildings, structures and premises, public transport, means of communication and information.

Article 141. Design and construction of social infrastructure

Planning, design and construction of settlements, the formation of residential areas, the development of design solutions, construction and reconstruction of buildings, social infrastructure, communication and information are made taking into account the accessibility for people with disabilities.

Article 142. Adaptation of premises for access and use by disabled persons

1. Premises provided by people with disabilities or families with a disabled person, and they occupy, must be equipped with special equipment, devices and telephones.
Equipment specified premises is carried out by local executive authorities and local self-government, enterprises, organizations and institutions in charge of the housing stock.
2. Equipment of individual houses, which are home to people with disabilities, carried out by enterprises, organizations and institutions, which occurred through the fault of a disability, and in other cases - the relevant public authorities and management with the participation of the public associations of the disabled. 3
. The procedure for financing these activities is determined by the legislation of Turkmenistan.

Article 143 of providing access to people with disabilities in the cultural and entertainment establishments and sports facilities

1. Bodies of local executive bodies and local authorities are obliged to provide persons with disabilities the necessary conditions for free access and use of cultural and entertainment establishments and sports facilities for physical training and sports, as well as to ensure the provision of special sports equipment.
2. People with disabilities I, II groups and disabled children under 18 years are listed for free services, and people with disabilities Group III - with payment of 50 per cent of the cost of services.
(As amended by the Law of Turkmenistan dated June 18, 2016 -.. Bulletin of the Mejlis of Turkmenistan, 2016, number, art.)



Article 144 abrogated - (Law of Turkmenistan on 08.29.2013 g.- Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Article 145. Participation of enterprises, organizations and institutions in the financing of the construction, equipment and maintenance of social and cultural facilities and sports facilities for people with disabilities

Enterprises, organizations and institutions, regardless of ownership, shall be entitled to allocate funds to finance the construction, purchase of equipment and the maintenance of social and cultural facilities and sports facilities for the disabled.

Article 146. Benefits to enterprises and organizations producing technical equipment for people with disabilities

Enterprises and organizations producing prosthetic and orthopedic devices and special vehicles for the disabled, to organizations engaged in the rehabilitation of disabled people, as well as providing services for disabled care and rehabilitation benefits are provided in accordance with the legislation of Turkmenistan.

Chapter 25. Social assistance to disabled

Article 147. Forms of social assistance

1. Social assistance for the disabled is in the form of cash payments and benefits provided for in this Code, the provision of medicines, wheelchairs, prostheses and other orthopedic products, prints with a special font, sound-amplifying equipment and detectors, as well as through the provision of services for the medical, social and vocational rehabilitation, and consumer services.
2. Drug and medical software free of charge at the expense of the State budget and in accordance with the procedure established by the Cabinet of Ministers of Turkmenistan:
1) disabled children, disabled children, disabled groups I and II (except for persons who became disabled as a result of illegal actions) - wheelchairs, prostheses and other orthopedic products;
2) disabled group III (except for persons who became disabled as a result of illegal actions) - artificial limbs and other orthopedic products.

Article 148. Rights of persons with disabilities in the field of housing relations

1. People with disabilities in accordance with the individual rehabilitation program offers the choice of premises, taking into account the type of building, number of floors, the degree of improvement and other necessary living conditions.
2. Invalids I and II groups (except for persons who became disabled as a result of illegal actions), mothers with disabilities, and families with children with disabilities have the right to improve housing conditions in accordance with the norms and individual rehabilitation program.
3
. People with disabilities in group I (with the exception of persons who became disabled as a result of illegal actions) are entitled to free use of public services.
4. Disabled persons permanently residing in nursing homes or other social care institutions have the right to retain them in the living space for 12 months. With longer periods of liberated living area is transmitted to other people with disabilities in need of better housing conditions.
5. Bodies of local executive authorities and local self-government is not entitled to withdraw a part of the living space, built at the expense of public associations of the disabled.

Article 149. The right to priority consumer services

People with disabilities are entitled to priority enterprises service organizations and communications agencies, consumer services, car service, trade, housing and communal services, health care, as well as an extraordinary purchase tickets at the ticket offices of enterprises of all types of passenger transport.

Article 150. Creating conditions for the disabled vehicle storage

1. People with disabilities are the special conditions for storage of vehicles, including cars, close to their place of residence.
2. People with disabilities are exempt from the rent for the premises and land used for storage of vehicles. 3
. The procedure and conditions of the premises for the storage of vehicles and land for the construction of garages are determined by the local executive authorities.

Article 151 home-based care. Stationary social care institutions with disabilities

Citizens social service agencies provide a single elderly and disabled citizens who need constant care and maintenance, household services and home medical care through hospitals. The state promotes the development of the branch network of social assistance at home.

Article 152. Rights of persons with disabilities who are in nursing homes and other residential institutions of social assistance

1. Conditions of stay of persons with disabilities in nursing homes or other stationary social care institutions should be capable of implementing disabilities of their rights and legitimate interests and contribute to the satisfaction of their personal needs.
2. Children with disabilities who reside in institutions that are orphaned or left without parental care, upon reaching the age of majority have the right to an extraordinary reception of living space and material assistance to its improvement, if in accordance with the individual rehabilitation program, they can carry out self-service and live independently .

(As amended by the Law of Turkmenistan on August 29, 2013 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Section VII. Accounting and reporting. Funding for social benefits spending. Responsibility for violation of social protection legislation

Article 153. Accounting for the number of recipients of pensions, state benefits, lump sum cash awards and one-time cash assistance

1. Accounting for the number of recipients of pensions, state benefits, lump sum cash awards and one-time cash assistance is carried out in the manner prescribed by the Pension Fund of Turkmenistan jointly with the Ministry of Finance of Turkmenistan.
2. The state statistical reports on the number of recipients of pensions and state benefits are made according to the forms approved by the State Committee for Statistics of Turkmenistan.
(As amended by the Law of Turkmenistan on August 29, 2013 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Article 154 Financing costs for pensions, government benefits, one-time cash awards, lump-sum grant and reporting on them

1. Financing costs for pensions, government benefits, one-time cash awards and one-time financial assistance made by the Pension Fund of Turkmenistan and the Ministry of Finance of Turkmenistan from sources provided by this Code.
2. Pension Fund of Turkmenistan keeps track of the costs of pensions, state benefits (except for state benefits and maternity leave), one-time cash awards, one-time financial assistance in the established order is a report to the Ministry of Finance of Turkmenistan. 3
. Employers are accounting for the payment of state benefits for temporary disability costs, maternity leave and in the prescribed manner represent the report to local authorities Pension Fund of Turkmenistan and the State Committee for Statistics of Turkmenistan.
4. Forms and deadlines for submission of the report on the payment of pensions and state benefits expenses are approved by the State Statistics Committee of Turkmenistan.
(As amended by the Law of Turkmenistan on August 29, 2013 and August 18, 2015 -.. Bulletin of the Mejlis of Turkmenistan, 2013, № 3, Article 59.)

Article 155. Responsibility for violation of this Code

The violation of this Code entails liability established by the legislation of Turkmenistan.