Mongolia
LAW
OF MONGOLIA ON PENSION, BENEFIT AND PAYMENT FROM SOCIAL
INSURANCE FUND IN CASE OF PRODUCTION INJURY, OCCUPATIONAL DISEASE
CHAPTER ONE: GENERAL PROVISIONS
Article 1. Purpose of the Law
The purpose of this Law
is to regulate relations
related to granting and paying pension, benefit and making
payment to the insured against production injury and occupational
disease from the social insurance fund as stated in the Social
Insurance Law.
Article 2. Production injury
1. "Production
injury" is the fact of health damage to
the insured, while discharging working duties, caused by
production factors.
2. Pension, benefit and
payment stated in this Law
shall be paid in case the insured suffers from the production
injury occurred in the following conditions:
1/ while discharging working duties at the working
place or other places;
2/ before the work, during work preparation or
while tiding up the working place and instruments after the work;
3/on the way to or from the work.
3. The insured shall not
be entitled to pension,
benefit and payment stated in this Law, if other job done during
the time to carry out own working duties, or if absent at the
work place, or it was proved that he was injured due to consuming
alcohol or drugs, or breached the labor safety procedure, and
injured himself while committing a crime.
4. The cases stated
in provisions 2 and 3 of this
Article shall be studied and determined by commissions (non
staff) nominated by soum, district governors. This Commission
shall consist of the representatives in equal numbers from
insurer, insured and employer, with participation of expert on
the nature of the injury, and headed by public administrative
organization representative.
5. The Government shall
approve the statutes of the
Commission mentioned in provision 4 of this Article.
Article 3. Occupational disease
1.
Occupational disease " is the disease caused by
production negative factors in the process of discharging the
work duties by the insured.
2. The list of
diseases shall be determined by the
public administrative central organization in charge of health
matters.
Article 4. Pension, benefit and payment from the production
injury and occupational disease insurance fund
Insured shall be entitled
to the following pension,
benefit and payment from production injury and occupational
disease fund:
1/invalidity pension;
2/bread-winner loss
pension;
3/benefit for the
temporary loss of working ability;
4/payment related to the
working ability restoration.
CHAPTER TWO: INVALIDITY PENSION
Article 5. Entitlement to invalidity pension
1. Insured became invalid
in the result of loosing
working ability for long time or for ever due to production
injury, occupational disease shall be entitled to invalidity
pension.
2. The medical, labor
examination commission shall
determine the degree and the duration of the loss of working
ability of the insured.
Article 6. Invalidity pension amount
1. The invalidity pension
shall be granted in the
amount of 10 per cent of the average monthly salary of the
insured if the degree of the working ability loss is up to 10 per
cent, if over 10 per cent - than in proportion to the degree of
the loss of working ability.
2. The amount of the
invalidity pension of the insured
became invalid in the result of loosing his working ability by
30 per cent or more, shall be determined in the amount not less
than 75 per cent of the minimum salary, determined by the
Government.
Article 7. Invalidity pension payment duration
The invalidity pension
mentioned in this Law shall be
paid during the period, stated in Article 10 of the Law on
pension benefit paid from Social insurance fund.
Article 8. Invalidity pension payment
1. Social insurance
authority shall pay the invalidity
pension every month via its correspondent bank.
2. Insured lost 30 per
cent of his working ability for
ever may be entitled to the pension for 6 years, or if the
insured wishes, invalidity pension granted for the period defined
by the medical, labor commission due to loss of working ability
for long time may be paid once. In this case the entitlement to
the in validity pension due to this reason shall terminate.
Article 9. Rehabilitation of the invalidity fact and pension
compensation
1. In case of
rehabilitation of invalidity fact of
insured, failed, due to sound reason, to have it determined by
the medical, labor examination, pension for no more than 6 months
shall be compensated.
2. If it is determined
that the working ability of the
insured is not restorable the pension due to pay during that
period shall be fully compensated.
CHAPTER THREE: BREAD-WINNER LOSS PENSION
Article 10. Entitlement to bread-winner loss pension
1. In case of death of
the insured due to production
injury, occupational disease the
members of his family lacking working ability shall be entitled
to bead-winner loss pension.
2. The number of family
members entitled to the
bread-winner loss pension shall be granted in accordance with
Article 12 of the Law on pension, benefit paid from social
insurance fund.
Article 11. Bread-winner loss pension amount
The bread-winner loss
pension shall be granted in the
following proportion to the salary of the dead insured:
1/100 per cent - if the
number of persons lacking
working ability is 3 or more;
2/75 per cent - if the
number of persons lacking
working ability is 2;
3/50 per cent - if the
number of persons lacking
working ability is 1.
Article 12. Bread-winner loss pension payment duration
The bread-winner loss
pension mentioned in this Law
shall be paid during the period stated in Article 15 of Law on
pension, benefit paid from social insurance fund.
CHAPTER FOUR: BENEFIT FOR THE TEMPORARY LOSS OF
WORKING ABILITY
Article 13. Entitlement to benefit for the temporary loss of
working ability
Insured temporarily lost
his working ability due to
production injury, occupational disease shall be entitled to the
benefit for the temporary loss of working ability.
Article 14. Amount of benefit for the temporary loss of working
ability
1. Insured temporarily
lost his working ability due to
production injury, occupational disease shall be entitled to
benefit for the temporary loss of working ability in the amount
of 100 per cent of the salary, notwithstanding the premium
payment duration.
2. The benefit for the
temporary loss of working
ability shall be calculated by working days.
Article 15. Duration of payment of the benefit for the temporary
loss of working ability
1. The benefit for the
temporary loss of working
ability shall be paid from the day of its loosing until the day
of its restoration, or until the entitlement to the invalidity
pension.
2. The maximum duration
of the payment of the benefit
for the temporary loss of working ability during consecutive 12
months shall not exceed 180 days.
3. The duration of
payment of the benefit for the
temporary loss of working ability shall be defined by the
Treatment quality control commission of the professional medical
institution, in the absence of such a commission by the general
physician, manager, senior physician.
CHAPTER FIVE: PAYMENTS RELATED TO THE RESTORATION
OF WORKING
ABILITY
Article 16. Entitlement to the payment related to the restoration
of working ability
Insured lost 30 per
cent or more of his working
ability due to production injury, occupational disease shall be
entitled to payment from the production injury, occupational
disease insurance fund in connection with restoring his working
ability by having prosthetic appliances , artificial organs and
orthopedics made, and mineral water therapy.
Article 17. Payment related to restoration of working ability
1. The first time price
for making artificial organs
, prosthetic appliances and orthopedics in Mongolia shall be paid
100 per cent, the second time price shall be paid 50 per cent.
2. If inevitably
necessary to have the prosthetic
appliances, orthopedics made abroad based on the conclusion of
the professional medical institution, one time price may be paid.
3. In case the insured
undergoes mineral water therapy
or special care, payment may be made once in a year from the
production injury, occupational disease insurance fund.
CHAPTER SIX: OTHER PROVISIONS
Article 18. Documents to compile to grant pension and benefit
from the production injury, occupational disease fund
To grant pension and
benefit, the documents stated in
Article 25 of the Law on pension and benefit paid from the social
insurance fund, and also production injury act or certificate on
occupational disease shall be compiled.
Article 19. Insurance privileges
1. If employer does not
cause any payment from the
production injury, occupational disease fund during consecutive
5 years in the result of undertaking concrete organizational
measures to improve the working conditions and reduce production
injury, the next year insurance premium shall be reduced by 10
per cent.
2. In each case of
continuous ensuring the condition
stated in provision 1 of this Article the
discount shall be increased by 10 per cent , but its maximum
level shall not exceed 50 per cent of the annual premium.
Article 20. Regulating other relations related to granting and
paying pension and benefit from the production injury,
occupational disease insurance fund
Relations other than the
ones related to granting and
paying pensions, benefits and payments and regulated by this Law
shall be regulated by the relevant provisions of the Law on
pension and benefit paid from social insurance fund.
The International Labour Organization is a United Nations specialized agency.