(2023.11.04-ний өдрийн орчуулга)              Unofficial translation

Entry into force date: January 1, 2024

LAW OF MONGOLIA

July 07, 2023                                  Ulaanbaatar city

ON BENEFITS 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 issuing benefits to the insureds who have paid premium to the benefit and unemployment insurance, and providing the premium discounts to employers who have kept working place constantly.

Article 2.The benefits, discount, and premium payments to be issued from social insurance fund

2.1.The following benefits and premiums payments shall be issued by benefit insurance fund:

2.1.1.of the temporary loss of employability;

2.1.2.of the pregnancy, or giving a birth to a child;

2.1.3.of issuing to the family member of the deceased insured;

2.1.4.payment of the premiums of the pensions and benefits insurance to the voluntarily insured mothers who take care of children under the age of three.

2.2.Following benefits and discounts shall be issued by unemployment insurance fund:

2.2.1.unemployment benefits;

2.2.2.premium discount.

CHAPTER TWO

BENEFITS OF TEMPORARY LOSS OF EMPLOYABILITY

Article 3.A right to receive benefits of temporary loss of employability

3.1.The following insureds shall have a right to receive a benefit who have paid the premium of benefits insurance for consecutive three months or more before the loss of employability:

3.1.1.the insured who lost the employability due to the normal disease, and household accident;

3.1.2.the insured mothers who gave a birth prematurely before 196 days of pregnancy, and/or who had an abortion on the grounds specified in paragraph 32.1 of the Law on Health.

3.2.After the insured finished receiving benefits of temporary loss of employability for the duration specified in paragraphs 5.2, 5.3, and 5.4 of this Law, a right to receive benefits shall be restored again if the insured would be paid premium to the benefits insurance fund for at least three consecutive months.

Article 4.The amounts of benefits of temporary loss of employability

4.1.The benefits of temporary loss of employability shall be calculated at the following rates from the average salary and equivalent income thereto of the last three consecutive months in which the premium was paid before the loss of the employability:

4.2.The benefits of temporary loss of employability shall be calculated based on the working days.

Article 5.The duration of issuing the benefits of temporary loss of employability

5.1.The benefits of temporary loss of employability of the insured for the period of the first five days shall be paid by employers, the benefits for the period starting from the 6th day and until restoration of the employability or until the receipt of the pension on the loss of the employability shall be paid by the benefits insurance funds.

5.2.The maximum limit of one time period of issuance of the benefit of the temporary loss of the employability shall not exceed 66 working days.

5.3.If the insured got sick repeatedly in a calendar year, the benefits of temporary loss of employability shall be paid not more than 132 working days in total.

5.4.If the insured got cancer and/or tuberculosis at the first time, had a severe kidney failure, made operation to transplant the organs, or became a donor of the organs, the maximum limit of one time period of issuance of the benefit of the temporary loss of the employability shall not exceed 132 working days.

5.5.The duration of temporary loss of employability shall be determined by general physician, medical doctor, and hospital control commission of health care institution, and the medical card/page shall be issued to the insured.

5.6.The model of medical card, and procedure of issuing medical card/page to insured shall be jointly approved by the Cabinet members in charge of social insurance and health matters.

5.7.The benefits of temporary loss of employability shall not be issued to the pensioner who receives the pension of loss of employability under the same diagnosis thereto.

CHAPTER THREE

THE BENEFITS OF PREGNANCY AND GIVING A BIRTH TO A CHILD

Article 6.A right to receive the benefits of pregnancy and giving a birth to a child

6.1.The following insured mothers who have paid the premium of benefits insurance for the period of 12 months or more of which the last 6 months before taking maternity leave has paid continuously shall have a right to receive benefits of pregnancy and giving a birth to a child:

6.1.1.the mother who gave a birth to a child upon carrying him/her at least 196 days of gestation;

6.1.2.the mother who did not carry the child up to 196 days of gestation but gave a birth to a viable child;

6.1.3.the mother who gave a premature birth to a child upon carrying him/her at least 196 days of gestation or the insured mother who had an abortion under the grounds specified in paragraph 32.1 of the Law on Health.

Article 7.The amount of the benefits of pregnancy and giving a birth to a child, and duration of issuing it

7.1.The benefits of pregnancy and giving a birth to a child shall be issued to the insured mother for a duration of 120 days upon calculating at 100 percent from the average salary and equivalent income thereto for the last 12 months in which premiums were paid before the month of having of the maternity leave, and if the mother gave births to the twins, the duration of the payment shall be 140 days.

7.2. If a public holiday occurs during the duration of calculating the benefits of pregnancy and giving a birth to a child, the respective day shall be considered as same as the working day.

CHAPTER FOUR

THE BENEFITS TO BE ISSUED TO THE FAMILY MEMBERS OF THE DECEASED INSURED

Article 8.The conditions and rate of benefits to be issued to the family members of the deceased insured

8.1.If the insured, who paid the premium of benefits insurance for the period of not less than 36 months, deceased due to normal diseases and household accidents, the benefit shall be issued to his/her family member.

8.2.If the citizen, who has received the pensions specified in the Law of Pensions to be issued from the Social Insurance Fund, deceased, the benefit shall be issued to his/her family member.

8.3.The rate of benefits to be issued to the family members of deceased insured shall be approved by the National Council of Social Insurance based on the proposal of state central administrative body in charge of social insurance matters.

CHAPTER FIVE

UNEMPLOYMENT BENEFITS AND PREMIUM DISCOUNT

Article 9.A right to receive unemployment benefits, and to exercise the premium discount

9.1.The insured who paid the unemployment insurance premiums for the period of 24 months or more of which the last 9 months has been paid continuously before becoming unemployed, registered to the employment agency, is actively searching for a job, and is not reached the regular age of the old-age pension specified in the Law on Pensions to be issued from the Social Insurance Fund shall have a right to receive the unemployment benefits.

9.2.The insured, who received the unemployment benefits before, shall have a right to receive the benefits again if he/she paid the unemployment insurance premiums again for 12 months which of the last 3 months has been paid continuously before becoming unemployed.

9.3.The unemployment benefits shall be issued to the insured mother who fulfilled the right specified in paragraph 9.1 of this Law before taking a leave to take care of the child, if the  employer is liquidated or bankrupted during the period when she was on child care leave, or within 9 months of her employment.

9.4.The unemployment benefits shall not be granted to insureds who have been called up for physical military service, whose court decision on serving a prison sentence has entered into force, who have been dismissed from work on the grounds of studying under the order of the organization and establishing the pensions on the loss of employability  or/and old-age.

Article 10.The amount of unemployment benefits

10.1.The unemployment benefits to be issued to the insured shall be calculated at the following rate from the average salary and equivalent income thereto of the last 9 consecutive months of payment of the premiums prior to becoming unemployed by taking into account of the payment period of the premiums by the insured:

10.2.The unemployment benefit of the insured specified in paragraph 9.3 of this Law shall be calculated at the rate specified in paragraph 10.1 of this Law from the average salary and equivalent income thereto of the last 9 months of the payment of the premiums by the insured.

Article 11.Issuing the unemployment benefits

11.1.The unemployment benefits shall be calculated and issued to the insured at 76 working days starting from the next day of the date when dismissed from work.

11.2.If a public holiday occurs during the period of calculating the unemployment benefits, such day shall be considered as same as the working day.

11.3.If the insured submits a request for receiving unemployment benefits, reference on actively searching for a job issued by the organization in charge of employment matters, and along with the related documents to the social insurance organization after the period specified in sub-paragraph 14.1.3 of this Law, the unemployment benefits shall be issued upon calculating by excluding the working days after the respective deadline from the days specified in paragraph 11.1 of this Law.

11.4.If the insured get a job during the period of receiving unemployment benefits, then dismissed again from work in 5 months after paying premium, and remaining benefits of the unemployment shall be issued.

11.5.The social insurance organization shall issue the unemployment benefits to the insured through his/her account at the commercial bank per month.

Article 12.Terminating the issuance of the unemployment benefits

12.1.The issuance of the unemployment benefits shall be terminated under the following grounds:

12.1.1.got a job during the period of receiving unemployment benefits, and started to pay a mandatory premium;

12.1.2.established pensions on old age and/or the loss of employability;

12.1.3.it was found that receipt of the unemployment pension was unjustifiable;

12.1.4.called up for physical military service;

12.1.5.a court decision on serving a prison sentence has entered into force;

12.1.6.passed away during the period of receiving unemployment benefits.

Article 13.Premium discount

13.1.If the employer which has been employed the insured stably for the period of 3 consecutive years, has not issued benefits from the unemployment insurance fund, and has fulfilled its obligations under the General Law on Social Insurance, a premium discount shall be issued once every 3 years to the employer upon calculating it at the 15 percent of the unemployment insurance premium paid in the last year.

13.2.The premium discount specified in paragraph 13.1 of this Law shall be calculated upon deducting from the subsequent year's payment of unemployment insurance premium.

13.3.The National Council of Social insurance shall approve the procedure in connections with giving the premium discount to the employers.

CHAPTER SIX

SUBMITTING APPLICATIONS FOR RECEIVING BENEFITS, AND THE DURATION FOR SETTLING THE APPLICATIONS

Article 14.The duration of submitting an application for receiving benefits

14.1.The insured and a citizen shall submit an application for receiving benefits to social insurance organizations within the following durations via paper or electronic form:

14.1.1.within the 4 weeks, if there is a reasonable excuse within the 6 months, after the receipt of the medical page/card issued by the health care institutions by  the insured to be received the benefits of temporary loss of employability, pregnancy, and maternity;

14.1.2.within the 6 weeks, if there is a reasonable excuse within the 6 months, after the death of the insured, by the citizen to be received the benefits to be given to the family member of the deceased insured;

14.1.3.within the 4 weeks, if there is a reasonable excuse within the 3 months, after the issuance of the decision of the employer on dismissal from work, by the insured to be received the unemployment benefits.

Article 15.The duration for settling applications

15.1.The social insurance organization shall decide matters to issue the benefits of the temporary loss of employability, pregnancy and maternity, and unemployment within the 14 days after receipt of the applications requesting to receive benefits by the insured along with the documents completed in accordance with procedure specified in paragraph 15.2 of this Law, and a matter on issuance of the benefits to be given family member of the deceased insured within 24 hours after receipt of them.

15.2.The Government shall approve the list of documents to be completed by the insured in order to receive the benefits, and the procedure on regulating the relations in connection with the issuance of the benefits.

15.3.The state administrative body in charge of social insurance matters shall approve the model of the application format specified in paragraph 15.1 of this Law,  procedure on setting control on the completion of documents to be prepared in order to receive the benefits to be given to the family member of the deceased insured, a procedure on defining citizen and/or official who has a right to receive the benefits of deceased insured, and methodology and instruction to calculate the benefits.

Article 16.Making the repayment and deduction of the benefits

16.1.If it was found by the act of the state inspector of social insurance or the state inspector of social protection control to be repaid by the insureds the benefits received unjustifiably or excessively, the excessively received benefits shall be repaid by the insured or they shall be deducted from the remaining benefits that have not issued.

CHAPTER SEVEN

MISCELLANEOUS

Article 17.Special regulation

17.1.In the event that the operations of all business entities and organizations are impaired and the sales income of majority business entities and organizations is reduced by 50 percent or more due to economic difficulties that cover the entire country, the relations in connection with the providing financial support to domestic business entities and organizations and issuing the benefits to the insured may be regulated by a special law.

17.2.The assets to be spent to the financial support and benefits to be regulated by the special laws as specified in paragraph 17.1 of this Law shall be paid by the unemployment insurance fund and state budget.

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

18.1.If an action of official who has breached this Law does not have a nature of crime, a liability shall be imposed in accordance with the Law on Civil Service, and the General Law on Social insurance.

18.2.Citizens or legal entities who have breached this Law shall be charged with liability in accordance with the Criminal Code, or Law on Violations.

Article 19.Entry into force

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

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