Military pension: where years of service are lost and how to get them back

People usually raise the question of length of service before discharge or after it, when the personnel body has prepared the calculation and several years of service are missing from it. The reasons vary: service in another agency, periods between transfers, training, preferential counting, documents not submitted on time. A person sees for the first time that length of service for a military pension is not simply the sum of calendar years, but the result of reconciling entries in the personal file with supporting documents.

In this article you will learn what length of service consists of, which periods are subject to counting, where gaps most often arise in the records and how they affect the amount and the very right to a military pension. We will separately look at which documents confirm service, how to check the preliminary calculation yourself, in what procedure an application is submitted to the authorised body and what to do if the counting of years is refused. The material is intended for those going through this procedure for the first time and who want to understand the logic of the calculation before submitting an application.

Military pension in Kazakhstan: what length of service consists of

Length of service for a military pension in Kazakhstan is the total duration of service in the Armed Forces, other troops and military formations, as well as in law enforcement and special state bodies where military and special ranks are provided for. Pension provision for servicemen is regulated by the Law of the Republic of Kazakhstan on Pension Provision and departmental acts; a pension is granted for length of service upon reaching the duration of service established by law.

Length of service is calculated from entries in the personal file and service record kept by the personnel body. How a serviceman's length of service is calculated: on a calendar basis or, in certain cases, on preferential terms, where one month of service counts as several. The preferential procedure applies to service in special conditions, in remote areas and to certain positions, the list of which is defined by normative acts.

• service in military positions in the Armed Forces, other troops and military formations
• service in law enforcement and special state bodies in positions providing for special ranks
• military service by conscription, counted in the established procedure
• training in military educational institutions, if it is counted towards length of service by law
• periods of service in special conditions and remote areas, counted on a preferential basis
• other periods expressly provided for by legislation on pension provision for servicemen

Which years of service count towards length of service for a military pension

Length of service for a military pension includes periods of service in staff positions of military units and institutions: under contract and by conscription, as well as in special state and law enforcement bodies where military ranks are established by law. Years of service are determined by entries in the personal file and service record, not only by the dates in the discharge order. Where a position is reduced or renamed, the period counts according to the actual performance of duties.

Participation in combat operations and performance of tasks under a state of emergency or martial law is counted separately. Such periods are confirmed by orders, combat instructions and other documents, and may be counted towards length of service on a preferential basis. Preferential length of service is calculated according to the rules of the specific type of service, so months equal on the calendar produce different service records. In disputed situations, what matters decisively is confirmation of the fact of participation, not just a note in the military ID.

• Service in staff military positions under contract and by conscription.
• Participation in combat operations and performance of tasks in armed conflict conditions.
• Service in special conditions: remote areas, territories with an unfavourable situation, positions of increased danger.
• Periods counted on a preferential basis, where this is expressly provided by law for a specific type of service.
• Service in special state and law enforcement bodies where military ranks are conferred.

The preferential procedure applies only where the period is confirmed by documents and there is a direct ground in the legislation of the Republic of Kazakhstan.

Where the years disappear: typical mistakes in recording length of service

Length of service in military service consists of periods confirmed by documents in the personal file. An incomplete or distorted record of service may not be included in the calculation, as a result of which years of service are lost and the pension award is delayed until the discrepancies are resolved.

Common causes: inaccurate or abbreviated entries in the service record (order dates not indicated, position incorrectly named, place of service omitted); lost documents (archive certificates, extracts from orders, record sheets have not been preserved or were issued without the necessary details); incorrect classification of the conditions of service, where a period that should be counted on a preferential basis has been counted as ordinary.

• The dates of orders and of exclusion from the unit's lists are indicated incompletely or contradict other documents in the personal file.
• The position or military unit is named with abbreviations that the archive cannot unambiguously match to actual service.
• Certificates confirming periods of service have been lost, and restoring archival data takes a long time.
• A period of service in special conditions is recorded as ordinary, which deprives it of preferential calculation.
• Records of transfer, secondment or training are not duly certified and have not been accepted for credit.
• Previously submitted documents contain discrepancies in the surname, first name or dates, which puts the entire period in doubt.

When service is not full: how this affects a military pension

Incomplete service does not deprive a person of the right to pension provision, but it changes the basis and procedure for awarding payments. If the service is insufficient for a military pension through the authorised body, the general rules of the pension legislation of the Republic of Kazakhstan apply. Age, total employment record and the reason for dismissal matter.

With mixed service, a military pension may be awarded where part of the service is supplemented by work in civilian organisations. This procedure applies if the dismissal is connected with organisational and staffing measures, state of health, or reaching the maximum age for remaining in service. The periods are confirmed by the service record, documents on employment activity, and statements of transfers of mandatory pension contributions.

Documents for awarding a military pension: what confirms service

Service is confirmed by entries in the personal file, which reflect orders on appointment to positions, conferral of ranks, transfers and dismissal — on their basis the body awarding the pension calculates service in calendar and preferential terms. If an entry is incomplete or lost, the period is confirmed additionally.

An application, an identity document and materials on service are submitted. The key one is a certificate of service issued by the body with which the serviceman was registered, or by the archive. For preferential calculation, documents on special conditions are needed: extracts from orders, flight and sortie records, documents confirming presence in a zone of emergency situation.

• the serviceman's personal file with orders on positions, ranks and dismissal
• a certificate of service issued by the registration body or the archive
• extracts from orders on service in special conditions for preferential calculation
• settlement documents on payment of monetary allowance
• archival certificates and service records where entries are lost or incomplete

Years are lost not at the moment the pension is awarded, but earlier — during transfers, breaks and careless record-keeping, so the personal file should be checked before dismissal, while archival certificates are still easy to obtain.

How to check your service before applying for a military pension

Service for a military pension is calculated from the data in the personal file. Before submitting documents, it is worth checking service against the documents: discrepancies in periods of service, preferential calculation or excluded periods are identified at this stage and resolved before the payment is awarded.

The main document is an extract from the serviceman's personal file. It is prepared by the personnel body at the place of last service, and if the unit has been disbanded — by the body for defence affairs where the documents are kept. The extract reflects periods of service, grounds for dismissal and information for preferential calculation of service.

If the information is lost or requires confirmation, a request is sent to the state or departmental archive where the military unit's documents are kept, indicating the period of service, position and any known details of the orders. The archive's reply confirms the disputed period.

• Obtain an extract from the personal file from the personnel body at the place of last service.
• Clarify where the documents of the disbanded unit are kept: with the body for defence affairs or in the archive.
• Send a request to the archive with precise periods of service, positions and details of the orders.
• Compare the data in the extract, archival certificates and the calculation of service, and note any discrepancies.
• Record the resolved discrepancies in writing before submitting documents for a pension.

Recalculation of a military pension: when the years can be recovered

Recalculation of a military pension is possible when, at the time the payment was granted, the length of service was not determined in full: certain periods of service were not counted, not all preferential conditions were taken into account, or discrepancies were found in the documents. The basis is an application by the pensioner to the body that granted the pension, with documents confirming the disputed periods attached. A review of the length of service is formalised by a decision of the authorised body, after which an additional payment to the military pension is made for the past period within the limits established by the legislation of the Republic of Kazakhstan.

Restoring the length of service begins with a review of the personal file and service record: orders, extracts, certificates from military units and archival data are cross-checked. If a period was not counted because documents were lost or improperly drawn up, confirmation is established through archival requests or in court. A refusal by the body that granted the pension may be appealed to a higher body or in court.

• Periods of service not counted towards the length of service because records are missing or inaccurate.
• Preferential conditions: service in special conditions, in remote areas, in certain military positions.
• Loss or damage of documents confirming service, and the need for an archival request.
• Errors in orders and the service record that affect the calculation of the length of service.
• Unaccounted periods after discharge, if by law they are included in the length of service.
• Changes in legislation that improve the pensioner's position, if the law has retroactive effect.

Comparison of types of military pension by length of service and by disability

The right to a military pension arises on two separate grounds. A pension for length of service is granted where the length of service established by law is present, including on a preferential basis, and does not require confirmation of loss of health. A disability pension arises in the case of disability resulting from injury, concussion, mutilation or illness sustained in the performance of military service duties.

The calculation differs: for length of service, the amount is determined by the monetary allowance and the duration of service with supplements and increases; for disability, the monetary allowance is the base, but the amount depends on the disability group and the cause of its onset. Periods of service not counted towards the length of service do not create a right to a disability pension: the decisive factor is the conclusion of the medical and social examination on the causal link.

• length of service is confirmed by the service record, extracts from orders and certificates from military units on periods of service;
• disability is confirmed by a conclusion of the medical and social examination stating the group and cause;
• the cause of disability must be linked to the performance of military service duties;
• preferential calculation of length of service is applied according to the lists established by legislation;
• where both grounds exist, an assessment is made as to which grant produces the larger amount.

The choice of ground is determined by the supporting documents; where both are present, the more favourable option is assessed.

Applying to the authorised body for a military pension: step-by-step procedure

Military pensions are awarded by the social security bodies of the Ministry of Defence and the authorised body for social protection. The application is submitted at the place of residence: servicemen — to the local body for defence affairs, law enforcement officers — to their own agency. Methods of submission: in person, through a representative under a power of attorney, by post or through the electronic government portal.

The application is accompanied by a military ID or other document confirming service, an extract from the dismissal order, a certificate of monetary allowance, documents on education and employment, an identity card, and where there are dependants — information on the composition of the family. If documents are missing, the body explains what to obtain and where, and assists in requesting information from the archives.

• Application for the award of a military pension, stating the ground and the method of payment
• Identity card and document confirming military service
• Extract from the dismissal order and certificate of monetary allowance
• Documents confirming periods of service and employment record
• Information on dependants and documents on disability, where applicable
• Power of attorney, if the documents are submitted by a representative

Dispute over length of service: how to challenge a refusal to count years towards a military pension

A refusal by a military body to include certain periods of service in the length of service is issued as a written decision or notification stating the ground and a reference to the rule of law of the Republic of Kazakhstan. The arguments in a challenge depend on that wording. A copy of the decision and the materials of the personal file should be obtained before the dispute begins.

The pre-trial procedure begins with a complaint to a superior official or to the authorised body: the disputed periods are stated, supporting documents are attached and a review of the decision is requested. The time limits for consideration are determined by the legislation on administrative procedures. A refusal by the superior body creates the basis for going to court.

• Obtain a written decision refusing the application, stating the ground and the legal provision
• Check the personal file, service record and orders for disputed periods
• Collect archival certificates and other documents confirming service
• Send a complaint to a superior official or to the authorised body
• If the review is refused, prepare and file an application with the court
• Seek a court order requiring the body to count the confirmed periods towards length of service

Preventing loss of length of service: what to check before discharge

Length of service is made up of the periods in the service record and the time confirmed by orders, extracts and personal files. Where documents are incomplete, disputed months and years may not be counted when a military pension is awarded. A check before discharge identifies discrepancies while the personnel body has not yet closed the personal file.

Service is recorded on the basis of entries in the personal file and the body's orders. Errors in orders, discrepancies in dates, and the absence of references to the grounds for transfer or secondment require additional confirmation of the period. The earlier a discrepancy is found, the easier it is to restore the information through the archive or the personnel unit. Preserving length of service also depends on obtaining copies of documents on postings in good time: confirmations collected in advance remove most disputed situations.

Practical steps to take before discharge: