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Article 4, provision 4.1, of the Law on Pensions and allowances from the Social Insurance Fund provides that if a person, who has paid pension insurance withdrawals for totally not less than 20 years and reached 60 years old, has the right to be, determined for and receive old-age pensions. If a woman, who has paid withdrawals for totally not less than 20 years and reached 55 years old, whishes herself to retire, then she has the right to be determined for and receive old-age pensions. Article 25 of this Law provides that the following documents are necessary to prepare in order to get determined for the old age pension:

if a person, who has paid pension insurance withdrawals for totally not less than 20 years and reached 60 years old, has the right to be, determined for and receive old-age pensions...

• Social Insurance Book;
• Labor Book;
• Military service certificate, if served;
• National Identification card;
• 2 copies of photo (size 4x3)

The aimag or district Social Insurance departments (inspectors) are obliged to pre-inspect the preparation and confirmation of documents of the insured seeking to be determined for the pension, and have the breaches and inaccuracies eliminated (“Rule for the preparation and inspection of documents necessary for the determination for pensions and allowances" adopted by the order 163 of the Head of the Social Insurance Authority dated 31 May 2010). In particular,

1. In inspection of Labor Book, it should be checked whether the record of the name, surname, date of birth, date and numbers of employment and discharge orders comply with the rules and instructions that were in force that time. And should any fault in recording, improper lettering found, or the records in the Labour Book were newly copied, then the inquiry of the respectively issued order and decision are to be attached.
2. If the organization where the respective citizen had worked was dissolved, the principal documents of which were lost, the dates of orders or decisions regarding employment and discharge were with corrections, and all this was not proved by the principal documents of the archives, then the decision of the court on restoration of those dates should be attached.

Thus, you should apply to the aimag Social insurance department of your residence to inspect the documents completed, and if necessary you may apply to the respective court for the remedy. As provided in the Civil Procedure Code, citizens shall file a claim regarding determination of the following legal matters to the court of their residence or court under which jurisdiction the legal matter fall (article 15, provisions 15.4, and article 135 of this Law)

• Compliance of the family name, surname, given name date of birth indicated in the entitled document with those indicated in the national identification card and birth certificate;
• Characteristics regarding work performance.

In a case if it is unable to acquire documents proving acts of legal importance by pother means, or it is impossible to restore the lost documents, the court resolved the case and renders due decision.

Source: The Mongol Messenger ©

Lawyer's advice. In cooperation with Hanns-Seidel-Foundation Project Mongolia and its “Legal Education" Academy