(2023.10.31-ний өдрийн орчуулга)                                                        Unofficial translation

Entry into force date: January 1, 2024

LAW OF MONGOLIA

July 07, 2023                                   Ulaanbaatar city

ON PENSIONS, BENEFITS AND PAYMENTS FOR INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES TO BE ISSUED FROM THE SOCIAL INSURANCE FUND

/Revised edition/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this Law is to regulate relations in connection with the establishment and issuance of pensions, benefits, and payments from the insurance fund for industrial accidents and occupational diseases, providing discounts and exemptions of the premiums, and the creation of a database.

Article 2.Definitions of terms of the Law

2.1.The following terms used in this Law shall have the following meanings:

2.1.1."occupational disease" means chronic or acute illness caused by the impact of negative working conditions and production factors during work;

2.1.2."orthopedics" means equipment designed to support, restrict, control movement, align bones, and fix bones in case of structural changes or dysfunctions of the spine and limbs;

2.1.3."prosthetics" means as defined in sub-paragraph 3.1.16 of the Law on Health;

2.1.4."industrial accident" means as defined in sub-paragraph 3.1.20 of the Law on Labor Safety and Hygiene;

2.1.5."acute poisoning" means as defined in sub-paragraph 3.1.10 of the Law on Labor Safety and Hygiene.

Article 3.Industrial accidents, acute poisoning, occupational diseases

3.1.Pensions, benefits and payments specified in this Law shall be provided to the insured in the event of an industrial accident or acute poisoning under the following circumstances:

3.1.1.while performing duties at the workplace;

3.1.2.when working on official assignment or mobilization and performing duties according to the decision made by the employer, competent person or official;

3.1.3.when traveling between workplaces, units, sections, and branches to perform duties during working hours;

3.1.4.when resting at the workplace before and after work, arranging tools, changing clothes, bathing, handing over work;

3.1.5.when on the way to and from work, participating in on-duty training, and during rest and meal breaks specified in sub-paragraph 93.1.1 of the Law on Labor;

3.1.6.during the dangerous events to be occurred due to severe snow and dust storms, drought, heavy snowfall, floods, lightning, earthquakes, avalanches, landslides, fires, and outbreaks of highly contagious human, livestock and animal diseases;

3.1.7.in the event of an accident involving the destruction or collapse of equipment, buildings and facilities, the loss or an explosion of radioactive or toxic chemical substances, due to violation of production and technological procedures;

3.1.8.while participating in international and national sports competitions.

3.2.If it is proven that the insured has committed a crime while performing his/her work duties, or has intentionally caused bodily harm, the pensions, benefits and payments stipulated in this Law shall not be granted.

3.3.Relations in connection with investigation, registration and determination of industrial accidents and acute poisoning shall be regulated by the Law on Labor Safety and Hygiene.

3.4.The list, rate, and duration of occupational diseases shall be jointly approved by the Cabinet members in charge of labor, social protection, and health affairs.

CHAPTER TWO

PAYMENT OF PENSIONS, BENEFITS AND PREMIUM

Article 4.Pensions, benefits, and payments to be issued to the insured, and discounts and exemptions to be provided to the employer

4.1.The following pensions, benefits, and payments shall be issued, as well as the following discounts and exemptions shall be provided from the insurance fund for industrial accidents and occupational diseases:

4.1.1.pension for the loss of the employability;

4.1.2.pension for the loss of the breadwinner;

4.1.3.benefits for temporary loss of employability;

4.1.4.benefits to be issued to the family members of the deceased insured;

4.1.5.payment of pension insurance premiums for pensioners due to the loss of employability;

4.1.6.payment of expenses for measures to prevent industrial accidents and occupational diseases;

4.1.7.payment of medical rehabilitation expenses of the insured;

4.1.8.premium discounts and exemptions to be provided to the employers.

Article 5.A right to receive a pension on the loss of employability and the amount of pension

5.1.If the insured loses 30 percent or more of his/her employability due to an industrial accident or occupational disease, he/she shall have a right to receive a pension on the loss of employability.

5.2.The pension on the loss of employability shall be established at a percentage of the loss of the employability from the insured's average monthly salary and equivalent income thereto.

5.3.The rate and duration of loss of the employability of the insured shall be determined by the council specified in paragraph 37.7 of the General Law on Social Insurance.

5.4.The average monthly salary and equivalent income thereto of the insured for calculating pension shall be determined as follows:

5.4.1.if the insured has paid social insurance premiums for 12 months or more, in the amount upon dividing the sum of salaries and equivalent incomes thereto for the 12 months prior to the loss of employability by 12;

5.4.2.if the insured has paid social insurance premiums for less than 12 months, in the amount upon dividing the sum of the total salaries and equivalent incomes thereto which has paid for premiums before the loss of employability by the number of months in which the premiums were paid;

5.4.3.if the insured has lost his/her employability while working for less than 1 month, in the amount of salary and equivalent income thereto determined by the decision to appoint him/her to work.

5.5.If the pensioner on the loss of employability has worked for at least 12 months after the pension was established and paid pension insurance premiums, the amount of pension shall be increased by 0.125 percent from the pensioner's average monthly salary and equivalent income thereto which was adhered to in the pension establishment for the first time per each month when the premium was paid after the pension establishment, and it shall be increased by 0.167 percent starting from January 1, 2029.

Article 6.Period of pension on the loss of employability and pension compensation

6.1.Pension on the loss of employability shall be paid from the date of the insured's loss of employability until the insured's employability is restored, or if the pensioner deceases, it shall be paid until the end of the month following the death.

6.2.If the loss of the employability of the insured whose the loss of the employability percentage and duration could not be determined for reasonable excuses was re-established, then the pension of up to 6 months can be compensated.

6.3.If the pensioner re-extended the percentage and duration of loss of the employability after the expiration of the period of the establishment of the loss of employability under the reasonable excuses, the pension of up to 2 months shall be compensated.

Article 7.A right to receive a pension on loss of the breadwinner, its amount, issuance period, and conditions for compensation of pension

7.1.If the insured deceases due to an industrial accident or occupational disease, the dependent family member under his/her care shall have a right to receive a pension on loss of the breadwinner.

7.2.In order to determine the member entitled to receive the pension on loss of the breadwinner specified in paragraph 7.1 of this Law, the provisions specified in paragraph 16.1 of the Law on Pensions to be issued from the Social Insurance Fund shall be followed.

7.3.The pension on loss of the breadwinner shall be determined by the following percentage from the average monthly salary and equivalent income thereto of the deceased insured:

7.4.The average monthly salary and equivalent income thereto of the insured shall be determined in accordance with paragraph 5.4 of this Law.

7.5.Pension on loss of the breadwinner shall be combined into one pension for all dependent members of the family under the care of the insured person.

7.6.The pension determined in accordance with paragraph 7.5 of this Law may be distributed equally to each member at the request of an dependent member under the care of the insured person.

7.7.The pension on loss of the breadwinner shall be granted to children until the age of 19, to citizens who have lost their employability, until their employability is restored, and to the citizens who reached the age specified in sub-paragraph 5.1.1 of the Law on Pensions to be issued from the Social Insurance Fund, until the end of the month following death.

7.8.If it is determined that the insured deceased due to an industrial accident or occupational disease, the pension on the loss of breadwinner for a period not exceeding 6 months may be compensated.

Article 8.Minimum amount of pension

8.1.The minimum amount of pension to be issued from the insurance fund for industrial accidents and occupational diseases shall be same as the amount specified in sub-paragraph 21.1.1 and paragraph 21.2 of the Law on Pensions to be issued from the Social Insurance Fund.

Article 9.A right to receive benefits for temporary loss of employability, the amount of benefits, and the period of issuance

9.1.An insured who has temporarily lost his/her employability due to an industrial accident or occupational disease shall have a right to receive benefits for temporary loss of employability.

9.2.The benefits for temporary loss of employability shall be calculated at 100 percent of the insured's average monthly salary and equivalent income thereto, regardless of the length of period when the insured has employed and paid the premiums.

9.3.The monthly average salary and equivalent income thereto for calculating benefits of the insured shall be determined as follows:

9.3.1.if the insured has worked for 3 months or more upon paying social insurance premiums, in the amount upon dividing the sum of the average salary and equivalent income of the 3 months prior to the temporary loss of employability by 3;

9.3.2.if the insured has worked for less than 3 months upon paying social insurance premiums, in the amount upon dividing the sum of the total salary and equivalent income thereto which was paid for premiums before the temporary loss of employability by the number of months for which premiums were paid;

9.3.3.if the insured person temporarily loses his/her employability while working for less than 1 month, in the amount of salary and equivalent income thereto determined by the decision to appoint him/her to work.

9.4.Benefit for temporary loss of employability shall be calculated based upon a working day.

9.5.Benefits for temporary loss of employability shall be granted for the period from the date of loss of the employability until the restoration of employability or until arising a right to receive a pension on the loss of employability.

9.6.The maximum limit of the period to issue the benefits for temporary loss of employability shall not exceed 180 days within 12 consecutive months.

9.7.The period of temporary loss of employability of the insured shall be determined by the general physician, senior physician, and the hospital supervising commission of the health institution, and a medical card/page shall be issued.

9.8.Pensioners who have lost their employability due to an industrial accident or occupational disease shall not be granted in duplicate the benefit for temporary loss of employability due to the diagnosis of the disease for which the pension was established.

Article 10.The amount of benefits to be paid to the family members of the deceased insured

10.1.If the insured deceases due to an industrial accident or occupational disease, benefits shall be paid to his/her family members.

10.2.If the pensioner specified in Article 5 of this Law deceases, benefits shall be paid to his/her family members.

10.3.The amount of benefits to be paid to a family member of a deceased insured shall be same as the amount determined in accordance with paragraph 8.3 of the Law on Benefits to be issued from the Social Insurance Fund.

Article 11.Filing an application to receive pensions and benefits, and the period for its resolution

11.1.The insured and citizen shall submit the application for establishment of the pension and benefits together with the completed documents to the social insurance organization in paper or electronic form within the following period:

11.1.1.within 14 days after establishment of the percentage and duration of the loss of employability by the insured to be established the pension on the loss of the employability, or within 3 months if there is a reasonable excuse;

11.1.2.within 30 days after the death of the breadwinner by the dependent family member/family member who has no employability to be established the pension on the loss of the breadwinner, within 6 months if there is a reasonable excuse;

11.1.3.within 4 weeks after receipt of the medical certificate issued by the health care institution, and the certificate of industrial accident as well as the description of the occupational disease certified by the state inspector of labor control by the insured who will receive the benefits for temporary loss of employability, within 6 months if there is a reasonable excuse;

11.1.4.within 6 weeks after the death of insured by the citizen who will receive the benefit to the family member of the deceased insured, or within 6 months if there is a reasonable excuse.

11.2.The social insurance organization shall decide an issue of pension on the loss of employability and pension on loss of the breadwinner for the insured within 20 days, benefits for temporary loss of employability within 14 days, and benefits for family members of the deceased insured within 24 hours after receiving the application and related documents.

11.3.The Government shall approve the list of documents to be submitted by the insured in order to establish the pension and benefits provided for in this Law, and the procedure for regulating relations in connection with the issuance of pensions and benefits.

Article 12.Payment of pension insurance premiums of the pensioners who have lost their employability

12.1.The payment of pension insurance premium of a pensioner who is not employed and is receiving pension on the loss of employability according to this Law shall be paid from the industrial accident and occupational disease insurance fund during the period of loss of the employability.

12.2.The payment of the pension insurance premiums shall be paid from the industrial accident and occupational disease insurance fund to the pension insurance fund by calculating at the appropriate rate to be paid by the insured as specified in paragraph 18.1 of the General Law on Social Insurance from the minimum wage which was effective at that time.

CHAPTER THREE

MEASURES TO PREVENT INDUSTRIAL ACCIDENTS AND OCCUPATIONAL DISEASES

Article 13.Measures to prevent industrial accidents and occupational diseases

13.1.The measures to prevent industrial accidents and occupational diseases shall include the following training, promotion and research work:

13.1.1.training and promotion on providing information and advice related to industrial accident and occupational disease insurance activities and legislation;

13.1.2.labor safety and hygiene training for insured and employers on the prevention of industrial accidents and occupational diseases;

13.1.3.publicizing the best practices, achievements, and successes of employers who have implemented labor safety and hygiene measures and introduced new techniques, technologies, and innovations;

13.1.4.individual research, risk and control analysis and assessment in the field of industrial accidents and occupational diseases.

13.2.The payment of the cost of preventive measures shall not be less than 2 percent of the annual premium income of the insurance fund for industrial accidents and occupational diseases.

13.3.The National Council of Social Insurance shall approve the procedure governing relations in connection with the selection of the organization that will organize preventive measures, the financing and monitoring of the costs of the measures, based on the proposal of the State Central Administrative Body in charge of labor and social security affairs.

CHAPTER FOUR

REHABILITATION OF HEALTH

Article 14.Payment of medical rehabilitation expenses

14.1.If the insured loses his/her employability due to an industrial accident or occupational disease, the following payments of the medical rehabilitation expenses shall be issued from the Industrial Accident and Occupational Disease Insurance Fund:

14.1.1.of the prosthetics and orthopedics related to rehabilitation of employability;

14.1.2.of the rehabilitation and sanatorium care and services;

14.1.3.of the transportation to and from the rehabilitation center and sanatorium.

14.2.The standard price of prosthetics and orthopedics to be issued from the insurance fund for industrial accidents and occupational diseases shall be jointly approved by the Cabinet members in charge of labor, social protection, and health affairs.

14.3.The payment for the prosthetics and orthopedic expenses shall be paid once every 3 years based on the standard price approved in accordance with paragraph 14.2 of this Law.

14.4.If prosthetics and orthopedics are made in a foreign country due to needed reasons, according to the opinion of various specialized medical institutions, the payment for their expenses may be issued once every 3 years based on the standard price of prosthetics and orthopedics approved in accordance with paragraph 14.2 of this Law.

14.5.If an insured who has lost his/her employability due to an industrial accident or occupational disease receives payment for prosthetics or orthopedics expenses from the health insurance fund or the social welfare fund, the industrial accident or occupational disease insurance fund shall not pay for the expenses in duplicate manner.

14.6.The payments of the expenses for the treatment in a rehabilitation center or sanatorium, as well as the expenses of transportation to and from the rehabilitation center or sanatorium due to the an industrial accident or occupational disease shall be issued to the insureds once a year.

14.7.The National Council of Social Insurance shall determine the amount to be paid from the industrial accident and occupational disease insurance fund for rehabilitation and sanatorium care and services based on the proposal of the State Central Administrative Body in charge of labor, social protection, and health affairs.

14.8.The cost of transportation to and from the rehabilitation center and sanatorium shall be calculated based on the price of train and intercity public transportation which was effective at that time.

14.9.The National Council of Social Insurance shall approve the procedures for selecting rehabilitation centers and sanatoriums to provide care and services to the insured, concluding contracts, financing, and monitoring the quality of care and services, based on the proposal of the State Central Administrative Body in charge of labor and social protection affairs.

14.10.The Government shall approve the list of documents to be submitted by the insured to receive payment for the expenses specified in this article and the procedure for regulating relations in connection with the issuance of payment and financing.

CHAPTER FIVE

DISCOUNTS AND EXEMPTIONS TO BE PROVIDED TO EMPLOYERS

Article 15.Discounts and exemptions to be provided to employers

15.1.Discounts and exemptions shall be provided to the employers in the following cases:

15.1.1.premium discount in case of prevention of industrial accidents and occupational diseases, improvement of labor safety and hygiene conditions;

15.1.2.exemption from insurance premiums for industrial accidents and occupational diseases in case of providing a suitable job for an employee who has been faced the downtime for the purpose of eliminating the damage caused by an industrial accident and restoring normal operations, or who has been established a pension on the loss of employability in accordance with this Law.

15.2.The premium discount specified in sub-paragraph 15.1.1 of this Law shall be calculated up to 15 percent of the industrial accident and occupational disease insurance premiums paid in the last year by the employer who has met the following conditions for 3 years in a row, and shall be issued to the employer once every 3 years:

15.2.1.payment was not made from the insurance fund for industrial accidents and occupational diseases;

15.2.2.invested in improving labor safety and hygiene conditions, introducing new techniques, technologies, and innovations;

15.2.3.based on the results of the evaluation of the working conditions of the workplace made in accordance with sub-paragraph 28.1.5 of the Law on Labor Safety and Hygiene, the risks in the workplace have been eliminated.

15.3.The premium discount to be issued to the employer in accordance with sub-paragraph 15.1.1 of this Law shall be deducted from the insurance premium for industrial accidents and occupational diseases to be paid for the subsequent year.

15.4.The period of downtime specified in sub-paragraph 15.1.2 of this Law shall be determined by the State Administrative Body in charge of social insurance affairs based on the employer's proposal, relevant information, and the conclusion of the State Administrative Body in charge of labor and welfare service affairs.

15.5.The premium to be paid by the employer upon calculating from the salary and equivalent income thereto of the employee provided with a suitable workplace as specified in sub-paragraph 15.1.2 of this Law, shall be exempted for a period of up to 12 months.

15.6.The total amount of discounts and exemptions to be provided to the employer shall not exceed 50 percent of the industrial accident and occupational disease insurance premium to be paid by the employer in the given year.

15.7.The National Council of Social Insurance shall approve the procedure for providing discounts and exemptions to employers, and monitoring thereto based on the proposal of the State Central Administrative Body in charge of labor and social protection affairs.

CHAPTER SIX

DATABASE OF INDUSTRIAL ACCIDENT AND OCCUPATIONAL DISEASE INSURANCE

Article 16.Formation of the database

16.1.Industrial accident and occupational disease insurance database /hereinafter referred to as "database"/ shall contain employer's premium payment, the number and information of industrial accidents and occupational diseases, the assessment of working conditions and risks in the workplace, discounts and exemptions provided to the employer, pensions, benefits, and payments provided to the insured, and other relevant information.

16.2.The database shall be a component of the unified social insurance database, and it shall create the conditions for monitoring, evaluating, and making calculations in regards with the operation of the industrial accident and occupational disease insurance fund, and setting premium rates.

16.3.The database shall be formed by the following organizations:

16.3.1.the information on the employer's premium payment, pensions, premiums, and payments issued to the insured from the insurance fund for industrial accidents and occupational diseases, discounts and exemptions granted to the employer, the number of occupational diseases and other related information by the State Administrative Body in charge of social insurance affairs;

16.3.2.information on the number of industrial accidents, causes, conditions, and other related information by the State Administrative Body in charge of labor and welfare service affairs;

16.3.3.information on the assessment of working conditions and risk of the employer's workplace by the competent authority conducting the assessment and the employer.

16.4.The procedure for creating, developing, distributing, using, monitoring, storing and protecting the database shall be approved by the Cabinet member in charge of labor and social protection affairs.

CHAPTER SEVEN

MISCELLANEOUS

Article 17.Regulating other relations related to the provision of pensions and benefits from the insurance fund for industrial accidents and occupational diseases

17.1.Relations other than those regulated by this Law related to the establishment of pensions and benefits from the insurance fund for industrial accidents and occupational diseases shall be regulated by social insurance legislation.

Article 18.Liability to be imposed on the violators of the Law

18.1.If the act of an official who violates this Law does not have criminal nature, he/she shall be held liable as provided in the Law on Civil Service and the General Law on Social Insurance.

18.2.An individual or a legal entity who violates this Law shall be subject to the liabilities set forth in Criminal Code or Law on Violations.

Article 19.Entry into force of the Law

19.1.This Law shall enter into force on January 1, 2024.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA G.ZANDANSHATAR