Federal Law on State Pension Provision in the Russian Federation. Legislative framework of the Russian Federation Law on state pensions 166

Federal Law “On State pension provision in the Russian Federation" No. 166-FZ of December 16, 2001 (hereinafter referred to as the law) is one of the system-forming ones in the pension reform (Fig. 4.1, 4.2). It came into force on January 1, 2002. In accordance with this law, I assign pensions for old age, disability and long service. It applies to a more limited circle of people, compared to the Law “On labor pensions in the Russian Federation."

The main reason that served as the basis for the fragmentation of legal institutions that previously coexisted in a single normative act was the source of funding. Pensions according to Law No. 166-FZ are paid exclusively from the federal budget. , insurance payments are not used to finance them. Law 166-FZ outlined the circle of persons to which it applies (Fig. 4.3).

The right to state pension provision by law arises for the following categories of citizens (Fig. 4.4):

1) for federal civil servants with a certain length of service;

2) victims of radiation or man-made disasters upon reaching the legal age, disability or loss of a breadwinner;

3) former conscript military personnel ( conscript service), who became disabled during the period of service, as well as families of conscripts who lost their breadwinner in the event of his death as a result of performing military duty. They are equated with the participants of the Great Patriotic War. Even in cases where they are recognized as disabled due to a general illness, a disability pension is established according to the conditions and norms of the law in question;

4) who have not acquired the right to a labor pension, upon the onset of old age, disability or have lost their breadwinner.

The law does not exhaust all categories of citizens enjoying the right to pension provision at the expense of budgetary allocations. The document clearly states that pension provision for certain categories of citizens not provided for by it, carried out at the expense of the federal budget, may be regulated by other federal laws. Thus, in parallel with the law under consideration, the law of the Russian Federation “On pensions for persons who served in military service, service in internal affairs bodies, institutions and bodies of the penal system, and their families".

The Civil Service Fundamentals stipulate that civil servants are granted pensions for length of service. Law No. 166-FZ established long-service pensions for federal employees on the same conditions that were applied when establishing additional payments to pensions. This is the only type of pension that is not independent. It is established in conjunction with a labor pension for old age or disability, assigned in accordance with the Federal Law “On Labor Pensions in the Russian Federation”, and is paid simultaneously with it.

To acquire the right to a service pension, the following conditions must be met:

· presence of public service for at least 15 years,

· dismissal from the federal public service on the following grounds: liquidation of federal government bodies, other government bodies formed in accordance with the Constitution of the Russian Federation and federal laws, as well as staff reduction in federal government bodies, their apparatus, other government bodies formed in accordance with the Constitution of the Russian Federation and federal laws;

· dismissal from positions approved in the manner established by the legislation of the Russian Federation to directly ensure the execution of the powers of persons holding public positions in the Russian Federation in connection with the termination of their powers by these persons;

· reaching the age limit for holding a position in the federal civil service;

· inadequacy of the position being filled in the federal civil service due to health status;

· dismissal due to at will in connection with retirement.

If the length of service in public service is 15 years, then a long-service pension is assigned in the amount of 45% of the average monthly earnings of a federal civil servant. For federal civil service over 15 years, for each full extra year of service, the long-service pension increases by 3% of average monthly earnings. But even then, the sum of this pension and two parts of the labor pension cannot exceed 75% of earnings.

The long-service pension is paid upon leaving public service; Law No. 166-FZ determines the circle of persons entitled to simultaneously receive two pensions. In this case, one pension can be a labor pension, and the other can be a state pension, or two pensions within the framework of Law No. 166-FZ. This right is granted:

1) citizens who have become disabled due to military trauma. They may be entitled to a disability pension provided for by Federal Law No. 166-FZ and an old-age labor pension;

2) participants of the Great Patriotic War. They may be entitled to a disability pension according to Law No. 166-FZ and an old-age labor pension;

3) parents of military personnel who served in conscription, died (died) during military service or died as a result of a military injury after dismissal from military service (in cases where the death of military personnel occurred as a result of their unlawful actions). They can establish: a pension for the loss of a breadwinner according to Law No. 166-FZ and a labor pension for old age (disability) or a pension for the loss of a breadwinner, and a social pension (with the exception of social pension prescribed in connection with the death of the breadwinner);

4) widows of military personnel who died in the war with Finland, the Great Patriotic War, the war with Japan, who did not enter into new marriage. They can establish a pension for the loss of a breadwinner and a labor pension for old age (disability) or a pension for the loss of a breadwinner, and a social pension provided for in Article 18 of Law No. 166-FZ (with the exception of a social pension assigned in connection with the death of a breadwinner);

5) families of liquidators of the accident at the Chernobyl nuclear power plant and (or) man-made disasters.

They may be entitled to a pension for the loss of a breadwinner and a labor pension for old age (disability) or a pension for the loss of a breadwinner, and a social pension (with the exception of a social pension assigned in connection with the death of a breadwinner).

Particular attention should be paid to the pension provision of participants in the Great Patriotic War. According to Law No. 166-FZ, these include citizens specified in subparagraphs “a” - “g” and “i” of subparagraph 1 of paragraph 1 of Article 2 of the federal law “On Veterans”, as was the case in the previous pension legislation and in the law “On labor pensions in the Russian Federation".

Article 2 of the Law “On Veterans” also granted the status of participants in the Great Patriotic War to the citizens specified in subparagraph “h” - this is the last military conscription, the soldiers of which did not serve in the active army and did not participate in hostilities. On November 14, 2001, the State Duma adopted a federal law, which, in terms of pension benefits, equated these military personnel in full to participants in the Great Patriotic War. However, the Federation Council did not support this initiative. The grounds for pensions for disabled military personnel remain the same.

Military personnel undergoing military service upon conscription, upon establishment of disability of 1st, 2nd or 3rd groups, are awarded disability pensions. The conditions and norms for granting a pension differ for reasons of disability (Table 4.1) due to a military injury or due to an illness received during military service. Pensions in the event of the loss of a breadwinner are assigned to disabled family members of a deceased (deceased) serviceman.

The size of the disability pension is set as a percentage of the basic part of the old-age labor pension, and depends on the group and cause of disability. Disability pensions due to military injury are set at higher rates.

Table 4.1

Amounts of disability pensions for conscripted military personnel

Disability group	Disabled people				Participants of the Great Patriotic War
	due to war trauma		due to illness during service

For disabled people of groups I and II who have dependent disabled family members, the pension is determined based on the base hour of labor pension corresponding to the number of dependents. So, if there is 1 dependent, the basic portion is 600 rubles and, therefore, the pension of a disabled person of group 1 due to a military injury will be 1800 rubles, group II - 1600 rubles, etc. Many disabled people received an increase from January 1 due to the new calculation procedure.

The law regulates in detail the conditions and procedure for providing pensions only to persons (and members of their families) who suffered as a result of the Chernobyl ABC disaster. The types and conditions for granting a pension depend on the category of citizens affected by the Chernobyl disaster, defined by the law of the Russian Federation “On social protection citizens exposed to radiation as a result of the disaster at the Chernobyl gas station,” which will continue to operate (with the necessary changes) in the process of pension reform.

The conditions for granting pensions to persons affected by other radiation or man-made disasters are determined in the manner established by the Government of the Russian Federation.

The amount of the state pension is set as a percentage of the base part of the corresponding type of labor pension. The circle of social pension recipients coincides with the circle of recipients of similar pensions under previous legislation. Social pensions are established:

· citizens who do not have the right to a labor or other state pension;

· disabled people of groups 1, 2 and 3, including people with disabilities since childhood;

· disabled children;

· children under 18 years of age who have lost one or both parents, and children of a deceased single mother;

· citizens from among the small peoples of the North who have reached the ages of 55 and 50 years (men and women, respectively);

· citizens who have reached the ages of 65 and 60 years (men and women, respectively) who are not entitled to a labor pension.

The social pension assigned to citizens who have reached the ages of 65 and 60 years (men and women, respectively) is not paid while they are performing paid work. Pension amounts are set as a percentage of the basic portion of the old-age pension.

“On state pension provision in the Russian Federation”

(as amended by Federal Laws dated July 25, 2002 N 116-FZ, dated June 30, 2003 N 86-FZ, dated November 11, 2003 N 141-FZ, dated May 8, 2004 N 34-FZ, dated August 22, 2004 N 122-FZ )

Accepted
State Duma
November 30, 2001

This Federal Law establishes, in accordance with the Constitution of the Russian Federation, the grounds for the emergence of the right to a pension under state pension provision and the procedure for its appointment.

Chapter I. General provisions

Article 1. Legislation of the Russian Federation on state pensions

1. State pension benefits are assigned and paid in accordance with this Federal Law.

Pension provision for certain categories of citizens not provided for by this Federal Law, carried out at the expense of the federal budget, may be regulated by other federal laws.

Changes in the conditions and norms for the assignment and payment of pensions for state pension provision provided for by this Federal Law are carried out only by introducing amendments and additions to this Federal Law.

2. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty apply.

3. In cases provided for by this Federal Law, the Government of the Russian Federation determines the procedure for exercising rights to pensions under state pension provision and the conditions for assigning these pensions to certain categories of citizens.

Article 2. Basic concepts used for the purposes of this Federal Law

For the purposes of this Federal Law, the following basic concepts are used:

state pension pension - a monthly state cash payment, the right to receive which is determined in accordance with the conditions and norms established by this Federal Law, and which is provided to citizens in order to compensate them for earnings (income) lost in connection with the termination of public service upon reaching length of service established by law when receiving an old-age (disability) pension; or for the purpose of compensation for damage caused to the health of citizens during military service, as a result of radiation or man-made disasters, in the event of disability or loss of a breadwinner, upon reaching the legal age; or disabled citizens in order to provide them with a means of subsistence;

civil service experience - the total duration of periods of civil service and other activities, taken into account when determining the right to a pension of federal civil servants and when calculating the amount of this pension;

seniority- taken into account when determining the right to certain types of pensions under state pension provision, the total duration of periods of work and other activities that are counted in the insurance period for receiving a pension provided for by the Federal Law “On Labor Pensions in the Russian Federation”;

average monthly earnings - monetary allowance, monetary remuneration, monetary allowance, wages and other income that are taken into account to calculate the amount of the state pension pension of a citizen who applied for this pension, expressed in monetary units of the Russian Federation and falling during periods of service and other activities included in his length of service or work experience;

federal civil servants - citizens who filled positions in the federal civil service and public positions of federal civil servants, defined by the Federal Law “On the Fundamentals of the Civil Service of the Russian Federation”;

military personnel - citizens who served as officers, warrant officers, midshipmen, or military service under contract or conscription as soldiers, sailors, sergeants and foremen in the Armed Forces of the Russian Federation and the United Armed Forces of the Commonwealth of Independent States, the Federal Border Service of the Russian Federation and authorities and organizations of the Border Service of the Russian Federation, in internal troops Ministry of Internal Affairs of the Russian Federation and in Railway troops Russian Federation, federal government communications and information agencies, civil defense forces, federal security service agencies and border troops, federal state security bodies, foreign intelligence bodies of the Russian Federation, other military formations of the Russian Federation created in accordance with the legislation of the Russian Federation, private and commanding officers who served in the internal affairs bodies of the Russian Federation, the State Fire Service, prosecutors, customs officers bodies of the Russian Federation, employees of the tax police, authorities for control of the circulation of narcotic drugs and psychotropic substances, employees of institutions and bodies of the penal system;

(as amended by Federal Laws dated July 25, 2002 N 116-FZ, dated June 30, 2003 N 86-FZ)

participants of the Great Patriotic War - citizens specified in subparagraphs “a” - “g” and “i” of subparagraph 1, paragraph 1, article 2 of the Federal Law “On Veterans”;

citizens who suffered as a result of radiation or man-made disasters - citizens who suffered as a result of the disaster at the Chernobyl nuclear power plant, as well as as a result of other radiation or man-made disasters;

disabled citizens - disabled people, including those disabled since childhood, disabled children, children under the age of 18 who have lost one or both parents, citizens from among the indigenous peoples of the North who have reached the age of 55 and 50 years (men and women, respectively), citizens who have reached the ages of 65 and 60 years (men and women, respectively) and are not entitled to the pension provided for by the Federal Law “On Labor Pensions in the Russian Federation”.

Article 3. The right to a pension in accordance with this Federal Law

citizens of the Russian Federation, subject to the conditions provided for by this Federal Law for various types state pensions;

On the refusal to accept for consideration a complaint about recognizing paragraph three of paragraph 1 of Article 3 as contrary to the Constitution of the Russian Federation due to the fact that the complaint does not meet the admissibility requirements, see the ruling of the Constitutional Court of the Russian Federation dated March 4, 2004 N 146-O.

foreign citizens and stateless persons permanently residing on the territory of the Russian Federation - on the same basis as citizens of the Russian Federation, unless otherwise provided by this Federal Law or international treaties of the Russian Federation.

2. Citizens who simultaneously have the right to various pensions in accordance with the legislation of the Russian Federation are assigned one pension of their choice, unless otherwise provided by federal law.

3. The right to simultaneously receive two pensions is granted:

1) citizens who have become disabled due to military trauma. They may establish a disability pension provided for in subparagraph 1 of paragraph 2 (using paragraph 3 and paragraph 5) of Article 15 of this Federal Law, and an old-age labor pension;

2) participants of the Great Patriotic War. They may establish a disability pension provided for in Article 16 of this Federal Law and an old-age labor pension;

3) parents of military personnel who served in conscription, died (died) during military service or died as a result of a military injury after dismissal from military service (except for cases where the death of military personnel occurred as a result of their unlawful actions). They may establish a survivor's pension provided for in paragraph 4 (using paragraph 5) of Article 15 of this Federal Law, and a labor pension for old age (disability) or a survivor's pension provided for in paragraph 4 (using paragraph 5) of Article 15 of this Federal Law, and the social pension provided for in Article 18 of this Federal Law (with the exception of the social pension assigned in connection with the death of the breadwinner);

4) widows of military personnel who died in the war with Finland, the Great Patriotic War, and the war with Japan, who did not remarry. They may establish a survivor's pension provided for in paragraph 4 (using paragraph 5) of Article 15 of this Federal Law, and a labor pension for old age (disability) or a survivor's pension provided for in paragraph 4 (using paragraph 5) of Article 15 of this Federal Law, and the social pension provided for in Article 18 of this Federal Law (with the exception of the social pension assigned in connection with the death of the breadwinner);

5) citizens specified in subparagraph 11 of paragraph 1 of Article 10 of this Federal Law. They may establish a survivor's pension provided for in paragraph 3 (using paragraph 4) of Article 17 of this Federal Law, and a labor pension for old age (disability) or a survivor's pension provided for in paragraph 3 (using paragraph 4) of Article 17 of this Federal Law, and the social pension provided for in Article 18 of this Federal Law (with the exception of the social pension assigned in connection with the death of the breadwinner).

4. Pensions provided for by this Federal Law are established and paid regardless of receipt of the funded part of the labor pension in accordance with the Federal Law “On Labor Pensions in the Russian Federation”.

Article 4. Citizens entitled to a pension under state pension provision

1. The following have the right to a pension under state pension provision:

1) federal civil servants;

2) military personnel;

3) participants of the Great Patriotic War;

4) citizens affected by radiation or man-made disasters;

5) disabled citizens.

2. Family members of citizens specified in paragraph 1 of this article have the right to a pension in cases provided for by this Federal Law.

Article 5. Types of pensions for state pension provision

1. In accordance with this Federal Law, the following types of pensions for state pension provision are assigned:

long service pension;

old age pension;

disability pension;

social pension.

A long-service pension is assigned to citizens specified in subparagraphs 1 and 2 of paragraph 1 of Article 4 of this Federal Law.

An old-age pension is assigned to citizens specified in subparagraph 4 of paragraph 1 of Article 4 of this Federal Law.

A disability pension is assigned to citizens specified in subparagraphs 2 - 4 of paragraph 1 of Article 4 of this Federal Law.

The social pension is assigned to the citizens specified in subparagraph 5 of paragraph 1 of Article 4 of this Federal Law.

2. In the event of the death of citizens specified in subparagraphs 2 and 4 of paragraph 1 of Article 4 of this Federal Law, members of their families have the right to a survivor's pension.

Article 6. Financing of pensions under state pension provision

Pensions for state pension provision are financed from the federal budget.

Chapter II. Conditions for assigning pensions under state pension provision

Article 7. Conditions for assigning pensions to federal civil servants

1. Federal civil servants with at least 15 years of civil service experience have the right to a long service pension upon dismissal from the federal civil service on the following grounds:

1) liquidation of federal government bodies, other government bodies formed in accordance with the Constitution of the Russian Federation and federal laws, as well as reduction of the staff of federal civil servants in federal government bodies, their apparatus, other government bodies established in accordance with the Constitution of the Russian Federation Federation and federal laws;

2) dismissal from positions approved in the manner established by the legislation of the Russian Federation to directly ensure the execution of the powers of persons holding public positions in the Russian Federation in connection with the termination of their powers by these persons;

3) reaching the age limit established by federal law for holding a position in the federal public service;

4) a discovered discrepancy between the position being filled in the federal public service due to a health condition that prevents the continuation of public service;

5) voluntary dismissal due to retirement from the state pension.

Citizens dismissed from the federal public service on the grounds provided for in subparagraphs 2 - 5 of paragraph 1 of this article are entitled to a long service pension if they held positions in the federal public service for at least 12 full months immediately before dismissal.

2. The long-service pension is established in addition to the old-age (disability) labor pension assigned in accordance with the Federal Law “On Labor Pensions in the Russian Federation” and is paid simultaneously with it.

3. A long-service pension is not paid during the period of being in the public service that gives the right to this pension.

4. The conditions for granting the right to a pension to civil servants of the constituent entities of the Russian Federation and municipal employees at the expense of the funds of the constituent entities of the Russian Federation and the funds of local governments are determined by laws and other regulatory legal acts of the constituent entities of the Russian Federation and acts of local governments.

Article 8. Conditions for assigning pensions to military personnel and members of their families

1. Long service pension, disability pension for military personnel (with the exception of citizens who served in conscription as soldiers, sailors, sergeants and foremen) and survivors' pension for members of their families are assigned in the manner prescribed by the Law of the Russian Federation "On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, institutions and bodies of the penal system, and their families."

2. A disability pension is assigned to military personnel who become disabled during the period of their conscription military service as soldiers, sailors, sergeants and foremen or no later than three months after dismissal from military service or in the event of disability occurring later than this period, but due to injury, contusions, injuries or diseases received during military service.

3. In the event of the death of military personnel during conscription as soldiers, sailors, sergeants and foremen, or no later than three months after dismissal from military service, or in the event of death occurring later than this period, but due to injury, concussion, injuries or illnesses received during military service, disabled members of their families are awarded a survivor's pension. The following are recognized as disabled family members:

1) children, brothers, sisters and grandchildren of the deceased (deceased) breadwinner, under the age of 18, and if they are studying full-time in educational institutions of all types and types, regardless of their organizational and legal form, with the exception of educational institutions additional education, then until they complete such training, but no longer than until they reach the age of 23 years, or older than this age if they became disabled before reaching the age of 18 years. At the same time, brothers, sisters and grandchildren are recognized as disabled family members, provided that they do not have able-bodied parents;

2) one of the parents or spouse or grandfather or grandmother, brother or sister of the deceased (deceased) breadwinner, regardless of age and ability to work, if he (she) is busy caring for children, brothers or sisters of the deceased (deceased) breadwinner who have not reached aged 14 years and entitled to a pension in accordance with subparagraph 1 of this paragraph, and does not work;

3) the father, mother and spouse of the deceased (deceased) breadwinner (with the exception of parents of military personnel who died (died) during military service under conscription or who died after being discharged from military service due to a military injury), if they have reached the ages of 60 and 55 years ( men and women, respectively) or are disabled;

4) parents of military personnel who died (died) during conscription or died after dismissal from military service as a result of a military injury, if they reached the age of 55 and 50 years (men and women, respectively);

5) grandparents of the deceased (deceased) breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled, provided that there are no persons who, in accordance with the legislation of the Russian Federation, are obliged to support them.

Disabled family members specified in subparagraphs 1 (except for children), 3 and 5 of this paragraph are granted a pension if they were dependent on the deceased breadwinner.

4. In the event of disability or death (death) of the breadwinner as a result of his commission of a crime, the citizens specified in this article are assigned a social pension.

5. Disability pensions for military personnel who served in conscription as soldiers, sailors, sergeants and foremen, and survivor pensions for disabled members of their families are paid in full size regardless of the performance of paid work.

Article 9. Conditions for assigning pensions to participants of the Great Patriotic War

1. The right to a pension in accordance with this Federal Law is given to participants of the Great Patriotic War - disabled people with limited ability to labor activity III, II and I degrees, regardless of the cause of disability, except for the cases specified in paragraph 2 of this article.

2. In the event of disability as a result of a participant in the Great Patriotic War committing unlawful acts or intentionally causing damage to his health, he is assigned a social pension.

3. Pensions provided for in this article are paid in full regardless of the performance of paid work.

Article 10. Conditions for assigning pensions to citizens affected by radiation or man-made disasters and members of their families

1. The following have the right to a pension in accordance with this Federal Law:

1) citizens who received or have suffered radiation sickness and other diseases associated with radiation exposure as a result of the disaster at the Chernobyl nuclear power plant or work to eliminate the consequences of this disaster;

2) citizens who became disabled as a result of the disaster at the Chernobyl nuclear power plant;

3) citizens who took part in eliminating the consequences of the disaster at the Chernobyl nuclear power plant in the exclusion zone;

4) citizens involved in the operation of the Chernobyl nuclear power plant and work in the exclusion zone;

5) citizens evacuated from the exclusion zone and resettled (resettled) from the resettlement zone;

6) citizens permanently residing in the residence zone with the right to resettle;

7) citizens permanently residing in the area of ​​residence with a preferential socio-economic status;

8) citizens permanently residing in the resettlement zone before their relocation to other areas;

9) citizens employed at work in the resettlement zone (not residing in this zone);

10) citizens who voluntarily left for a new place of residence from the zone of residence with the right to resettle;

11) disabled family members of citizens specified in subparagraphs 1, 2 and 3 of this paragraph.

Disabled family members include family members specified in paragraph 3 of part one of Article 29 of the Law of the Russian Federation "On social protection of citizens exposed to radiation as a result of the Chernobyl nuclear power plant disaster", as well as the grandparents of the deceased breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled, provided that there are no persons who, in accordance with the legislation of the Russian Federation, are obliged to support them;

12) citizens affected by other radiation or man-made disasters, as well as disabled members of their families.

2. An old-age pension is assigned:

1) citizens specified in subparagraphs 1 and 4 of paragraph 1 of this article, upon reaching the ages of 55 and 50 years (men and women, respectively) with a work experience of at least five years;

2) citizens specified in subparagraph 2 of paragraph 1 of this article, upon reaching the ages of 50 and 45 years (men and women, respectively) with at least five years of work experience.

Citizens specified in subparagraphs 3, 5 - 10 of paragraph 1 of this article are assigned an old-age pension if they have at least five years of work experience with a reduction in the age for old-age pension provided for by the Federal Law "On Labor Pensions in the Russian Federation", depending from the fact and duration of residence or work in the corresponding zone of radioactive contamination in the manner prescribed by the Law of the Russian Federation "On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant."

3. A disability pension is assigned to the citizens specified in subparagraph 2 of paragraph 1 of this article, if the citizen is recognized as a disabled person with a disability of III, II and I degrees, regardless of the length of work experience. Instead of a disability pension, these citizens may receive an old-age pension provided for in subparagraph 1 or subparagraph 2 of paragraph 2 of this article.

4. Family members of citizens specified in subparagraphs 1, 2 and 3 of paragraph 1 of this article are assigned a survivor's pension, regardless of the length of work experience of the deceased breadwinner.

5. Zones of radioactive contamination, as well as categories of citizens affected by the disaster at the Chernobyl nuclear power plant, are determined in the manner prescribed by the Law of the Russian Federation “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant.”

The conditions for granting pensions to citizens affected by other radiation or man-made disasters, as well as members of their families, are established by the Government of the Russian Federation.

6. Pensions provided for in this article are paid in full regardless of the performance of paid work.

Article 11. Conditions for assigning a social pension to disabled citizens

1. The right to a social pension in accordance with this Federal Law is granted to permanent residents of the Russian Federation:

disabled people with disabilities of III, II and I degrees, including disabled people since childhood, who do not have the right to a labor pension provided for by the Federal Law “On Labor Pensions in the Russian Federation”, or to a disability pension in accordance with Articles 8 - 10 of this Federal Law;

disabled children;

children under the age of 18 who have lost one or both parents, and children of a deceased single mother who are not entitled to a survivor's pension provided for by the Federal Law "On Labor Pensions in the Russian Federation", or to a survivor's pension in accordance with with Articles 8 and 10 of this Federal Law;

citizens from among the small peoples of the North who have reached the age of 55 and 50 years (men and women, respectively), who are not entitled to a labor pension provided for by the Federal Law “On Labor Pensions in the Russian Federation”, or to a state pension pension in accordance with Articles 7 - 10 of this Federal Law;

citizens who have reached the age of 65 and 60 years (men and women, respectively) who are not entitled to a labor pension provided for by the Federal Law "On Labor Pensions in the Russian Federation" or to a state pension pension in accordance with Articles 7 - 10 of this Federal Law law.

2. The social pension assigned to citizens who have reached the ages of 65 and 60 years (men and women, respectively) is not paid while they are performing paid work.

Article 12. Procedure for establishing disability

Recognition of a citizen as disabled, establishment of the time of onset and period of disability, as well as the degree of limitation of the ability to work and the causes of disability are carried out by the State Service for Medical and Social Expertise. The procedure and conditions for recognizing a citizen as disabled are approved by the Government of the Russian Federation.

Article 13. Application of the norms of the Federal Law "On Labor Pensions in the Russian Federation" when assigning a pension in the event of the loss of a breadwinner

When assigning a survivor's pension under state pension provision, the norms of the Federal Law "On Labor Pensions in the Russian Federation" are applied, regulating the procedure and conditions for assigning a survivor's pension to the families of missing persons, adopted children, adoptive parents, stepsons, stepdaughters, stepfathers, stepmothers , the procedure and conditions for recognizing a family member as a dependent of the deceased (deceased) breadwinner and other issues related to the pension provision of family members of the deceased, unless other norms are established by this Federal Law.

Chapter III. Amounts of pensions under state pension provision

Article 14. Amounts of pensions for federal civil servants

Pensions assigned before the entry into force of Federal Law dated 05/08/2004 N 34-FZ are subject to recalculation in accordance with paragraph 2 of this article (clause 3 of Article 2 of Federal Law dated 05/08/2004 N 34-FZ).

1. Federal civil servants are assigned a long-service pension if they have at least 15 years of public service experience in the amount of 45 percent of the average monthly earnings of a federal civil servant minus the basic and insurance parts of the old-age (disability) labor pension established in accordance with the Federal Law "On labor pensions in the Russian Federation". For each full year of civil service experience beyond 15 years, the long-service pension increases by 3 percent of average monthly earnings. At the same time, the total amount of the long-service pension and the specified parts of the old-age (disability) pension cannot exceed 75 percent of the average monthly earnings of a federal civil servant.

2. The amounts of pensions provided for in paragraph 1 of this article for citizens living in regions of the Far North and equivalent areas, in areas with severe climatic conditions that require additional material and physiological costs for citizens living there, determined by the Government of the Russian Federation, are increased by the corresponding regional coefficient established by the Government of the Russian Federation depending on the area (locality) of residence, for the entire period of residence of the specified citizens in the specified areas (localities). When citizens leave these districts (localities) for a new permanent place of residence, the size of the pension is determined without taking into account the regional coefficient.

Article 15. Amounts of pensions for military personnel and members of their families

1. Amounts of pensions for long service, disability for military personnel (with the exception of citizens who served in conscription as soldiers, sailors, sergeants and foremen) and pensions in case of loss of a breadwinner for members of their families in the event of death (death) of military personnel (except family members of citizens who served in conscription as soldiers, sailors, sergeants and foremen) are determined in the manner prescribed by the Law of the Russian Federation "On pensions for persons who served in military service, service in internal affairs bodies, the State Fire Service, institutions and bodies the penal system, and their families."

(as amended by Federal Law No. 116-FZ of July 25, 2002)

2. A disability pension for military personnel who served in conscription as soldiers, sailors, sergeants and foremen is assigned depending on the cause of disability in the following amount:

1) upon the onset of disability due to military injury:

for disabled people with a third degree limitation in the ability to work - 300 percent of the base portion of the old-age labor pension provided for by the Federal Law “On Labor Pensions in the Russian Federation” for citizens who have reached the age of 60 and 55 years (men and women, respectively);

for disabled people with a second degree limitation in their ability to work - 250 percent of the base portion of the old-age labor pension provided for by the Federal Law “On Labor Pensions in the Russian Federation” for citizens who have reached the age of 60 and 55 years (men and women, respectively);

for disabled people with a disability of the first degree - 175 percent of the basic part of the old-age labor pension provided for by the Federal Law “On Labor Pensions in the Russian Federation” for citizens who have reached the age of 60 and 55 years (men and women, respectively).

Disability due to military trauma is considered to be disability that occurs as a result of a wound, concussion, mutilation or illness received in defense of the Motherland, including in connection with being at the front, military service in the territories of other states where military operations were carried out. fighting, or while performing other military service duties;

2) upon the onset of disability due to a disease acquired during military service:

Disability due to a disease acquired during military service is considered to be a disability resulting from an injury received as a result of an accident not related to the performance of military service duties (official duties), or a disease not related to the performance of military service duties (official duties).

3. For disabled people who have a limitation of the ability to work of the III and II degrees and who are dependent on disabled family members specified in subparagraphs 1, 3 - 5 of paragraph 3 of Article 8 of this Federal Law, the amount of the disability pension is determined based on the basic part of the labor old-age pension provided for in Article 14 of the Federal Law “On Labor Pensions in the Russian Federation” for citizens who have a corresponding number of disabled family members as dependents.

4. A survivor’s pension for family members of military personnel who served in conscription as soldiers, sailors, sergeants and foremen is established depending on the cause of death of the breadwinner in the following amount:

1) pension for the loss of a breadwinner due to a military injury for each disabled family member of a deceased (deceased) serviceman - 200 percent of the size of the basic part of the old-age labor pension provided for by the Federal Law "On Labor Pensions in the Russian Federation" for citizens who have reached the ages of 60 and 55 years (men and women, respectively).

The loss of a breadwinner due to a military injury is considered to be his death resulting from the reasons specified in subparagraph 1 of paragraph 2 of this article;

2) pension for the loss of a breadwinner due to an illness acquired during military service, for each disabled family member of a deceased (deceased) serviceman - 150 percent of the size of the basic part of the old-age labor pension provided for by the Federal Law "On Labor Pensions in the Russian Federation" for citizens who have reached the ages of 60 and 55 years (men and women, respectively).

The loss of a breadwinner due to a disease acquired during military service is considered to be his death, which occurs as a result of the reasons specified in subparagraph 2 of paragraph 2 of this article.

5. The amount of pensions provided for in paragraphs 2 - 4 of this article for citizens living in regions of the Far North and equivalent areas, in areas with severe climatic conditions that require additional material and physiological costs for citizens living there, determined by the Government of the Russian Federation, increases by the corresponding regional coefficient established by the Government of the Russian Federation depending on the region (locality) of residence, for the entire period of residence of these citizens in the specified areas (localities). When citizens leave these districts (localities) for a new permanent place of residence, the size of the pension is determined without taking into account the regional coefficient.

(Clause 5 as amended by Federal Law dated August 22, 2004 N 122-FZ)

Article 16. Amounts of pensions of participants in the Great Patriotic War

1. A disability pension for participants of the Great Patriotic War is assigned in the following amount:

for disabled people with a third degree limitation in their ability to work - 250 percent of the base portion of the old-age labor pension provided for by the Federal Law “On Labor Pensions in the Russian Federation” for citizens who have reached the age of 60 and 55 years (men and women, respectively);

for disabled people with a second degree limitation in their ability to work - 200 percent of the base portion of the old-age labor pension provided for by the Federal Law “On Labor Pensions in the Russian Federation” for citizens who have reached the age of 60 and 55 years (men and women, respectively);

for disabled people with a disability of the first degree - 150 percent of the basic part of the old-age labor pension provided for by the Federal Law “On Labor Pensions in the Russian Federation” for citizens who have reached the age of 60 and 55 years (men and women, respectively).

2. For disabled people who have a limitation of the ability to work of the III and II degrees and who are dependent on disabled family members specified in subparagraphs 1, 3 - 5 of paragraph 3 of Article 8 of this Federal Law, the amount of the disability pension is determined based on the basic part of the labor old-age pension provided for in Article 14 of the Federal Law “On Labor Pensions in the Russian Federation” for citizens who have a corresponding number of disabled family members as dependents.

3. The amounts of pensions provided for by this article for citizens living in regions of the Far North and equivalent areas, in areas with severe climatic conditions that require additional material and physiological costs for citizens living there, determined by the Government of the Russian Federation, are increased by the corresponding regional coefficient , established by the Government of the Russian Federation depending on the area (locality) of residence, for the entire period of residence of the specified citizens in the specified areas (localities). When citizens leave these districts (localities) for a new permanent place of residence, the size of the pension is determined without taking into account the regional coefficient.

(Clause 3 as amended by Federal Law dated August 22, 2004 N 122-FZ)

Article 17. Amounts of pensions of citizens affected by radiation or man-made disasters and members of their families

1. The old-age pension is assigned in the following amount:

citizens who received or suffered radiation sickness and other diseases associated with radiation exposure as a result of the disaster at the Chernobyl nuclear power plant or with work to eliminate the consequences of the said disaster, citizens who became disabled as a result of the disaster at the Chernobyl nuclear power plant, citizens who took part in the elimination of the consequences of the said disaster in the zone alienation, as well as for citizens who have become disabled as a result of other radiation or man-made disasters - 250 percent of the basic part of the old-age labor pension provided for by the Federal Law "On Labor Pensions in the Russian Federation" for citizens who have reached the age of 60 and 55 years (men and women, respectively). women);

citizens living or working in the relevant zone of radioactive contamination (subparagraphs 4 - 10 of paragraph 1 of Article 10 of this Federal Law) - 200 percent of the basic part of the old-age labor pension provided for by the Federal Law "On Labor Pensions in the Russian Federation" for citizens who have reached the age 60 and 55 years old (men and women, respectively).

For citizens whose dependents are disabled family members, the amount of the old-age pension is determined based on the basic part of the old-age labor pension provided for in Article 14 of the Federal Law “On Labor Pensions in the Russian Federation” for citizens who have a corresponding number of disabled family members as dependents.

2. A disability pension for citizens who became disabled as a result of the disaster at the Chernobyl nuclear power plant or as a result of other radiation or man-made disasters is assigned in the amount of 250 percent of the basic part of the labor disability pension provided for by the Federal Law "On Labor Pensions in the Russian Federation" for a similar degree of limitation ability to work, taking into account the corresponding number of disabled family members who are dependent on the disabled person.

3. A survivor's pension for family members of citizens affected by radiation or man-made disasters is assigned in the amount of 250 percent of the basic part of the survivor's labor pension provided for by the Federal Law "On Labor Pensions in the Russian Federation" for each family member.

4. The amount of pensions provided for in paragraphs 1 - 3 of this article for citizens living in regions of the Far North and equivalent areas, in areas with severe climatic conditions that require additional material and physiological costs for citizens living there, determined by the Government of the Russian Federation, increases by the corresponding regional coefficient established by the Government of the Russian Federation depending on the region (locality) of residence, for the entire period of residence of these citizens in the specified areas (localities). When citizens leave these districts (localities) for a new permanent place of residence, the size of the pension is determined without taking into account the regional coefficient.

(Clause 4 as amended by Federal Law No. 122-FZ dated August 22, 2004)

5. The amount of a disability pension, regardless of the degree of limitation in the ability to work, and a survivor's pension for each family member cannot be less than 660 rubles per month.

Article 18. Amount of social pension for disabled citizens

1. A social pension for disabled citizens is assigned in the following amount:

1) citizens from among the small peoples of the North who have reached the age of 55 and 50 years (men and women, respectively), citizens who have reached the age of 65 and 60 years (men and women, respectively), disabled people with a disability of the second degree (with the exception of disabled since childhood), children under the age of 18 who have lost one of their parents - 100 percent of the basic part of the old-age labor pension provided for by the Federal Law "On Labor Pensions in the Russian Federation" for citizens who have reached the age of 60 and 55 years (respectively men and women). At the same time, the size of the social pension for disabled people with a second degree disability (with the exception of those disabled since childhood), and the social pension for children under the age of 18 who have lost one of their parents, cannot be less than 470 rubles per month;

2) disabled people from childhood who have a disability of III and II degrees, disabled people who have a disability of III degree, disabled children, children under 18 years of age who have lost both parents, and children of a deceased single mother - 100 percent of the size of the basic part of the labor pension for disability provided for in subparagraph 1 of paragraph 1 of Article 15 of the Federal Law “On Labor Pensions in the Russian Federation”;

3) disabled people with a disability of the first degree - 85 percent of the base part of the old-age labor pension provided for by the Federal Law "On Labor Pensions in the Russian Federation" for citizens who have reached the age of 60 and 55 years (men and women, respectively) , but not less than 400 rubles per month.

2. The amount of pensions determined according to the norms of this article in the appropriate percentage of the base part of the labor pension provided for by the Federal Law "On Labor Pensions in the Russian Federation" for citizens living in the regions of the Far North and equivalent areas, in areas with severe climatic conditions conditions that require additional material and physiological costs for citizens living there, determined by the Government of the Russian Federation, are increased by the corresponding regional coefficient established by the Government of the Russian Federation depending on the area (locality) of residence, for the entire period of residence of these citizens in the specified areas (localities). When citizens leave these districts (localities) for a new permanent place of residence, the size of the pension is determined without taking into account the regional coefficient.

(Clause 2 as amended by Federal Law dated August 22, 2004 N 122-FZ)

Chapter IV. Public service experience. Seniority. Average monthly earnings

Article 19. Length of civil service

The civil service length of service for the purpose of long-service pensions for federal civil servants includes, in the manner established by the Government of the Russian Federation, periods of service (work) in positions of the federal civil service, public positions of federal civil servants and other positions determined by the President of the Russian Federation.

Article 20. Work experience

If the assignment of the appropriate pension provided for by this Federal Law requires work experience of a certain duration, it includes periods of work and other social benefits. useful activity, counted towards the insurance period required to receive a labor pension provided for by the Federal Law “On Labor Pensions in the Russian Federation”.

ConsultantPlus: note.

On the issue concerning the establishment of length of service in case of loss of documents as a result of emergency situations, see Resolution of the Ministry of Labor of the Russian Federation dated June 24, 1994 N 50.

ConsultantPlus: note.

Order of the Ministry of Social Security of the RSFSR dated October 4, 1991 N 190 approved the Regulations on the procedure for confirming length of service for assigning pensions in the RSFSR.

Article 21. Average monthly earnings from which the size of the pension of federal civil servants is calculated

1. The amount of the long-service pension for federal civil servants is calculated from their average monthly earnings for the last 12 full months of federal civil service preceding the day of its termination or the day they reach the age entitling them to a labor pension provided for by the Federal Law "On Labor Pensions in the Russian Federation" ".

Pensions for long service to federal civil servants assigned before the entry into force of Federal Law dated 05/08/2004 N 34-FZ are subject to recalculation in accordance with this paragraph from July 1, 2002 (clause 3 of Article 2 of Federal Law dated 05/08/2004 N 34 -FZ).

2. The amount of average monthly earnings, on the basis of which a long-service pension is calculated for a federal civil servant, cannot exceed 2.3 official salaries (0.8 monetary remuneration) for the position filled in the federal public service or 2.3 official salaries (0.8 monetary remuneration) remuneration) retained for the previous position filled in the federal public service in the manner established by the legislation of the Russian Federation.

(Clause 2 as amended by Federal Law dated 05/08/2004 N 34-FZ)

Chapter V. Assignment of a pension, recalculation of its size and transfer from one type of pension to another, indexation, payment and delivery of pensions

Article 22. Assignment of a pension, recalculation of its amount and transfer from one type of pension to another

1. The assignment of a pension, recalculation of its size and transfer from one type of pension to another are made upon the application of a citizen.

At the same time, an application for a pension, recalculation of its size and transfer from one type of pension to another can be carried out at any time after the right to a pension arises, recalculation of its size or transfer from one type of pension to another without any time limit.

2. The pension amount can be recalculated in connection with a change in the degree of limitation of the ability to work, the cause of disability, the number of disabled family members dependent on the pensioner, the category of a disabled family member of the deceased breadwinner, as well as in connection with a change in the conditions for assigning a social pension.

In other cases, a transfer is made from one type of pension to another type of pension under state pension provision.

Article 23. The period for which the pension is assigned and from which its size changes

1. The pension provided for by this Federal Law, regardless of its type, is assigned from the 1st day of the month in which the citizen applied for it, but not earlier than from the day the right to it arises.

2. Recalculation of the pension amount is carried out from the 1st day of the month following the month in which the citizen applied for recalculation of the pension amount, except for the cases provided for in paragraphs two and three of this paragraph.

When the degree of limitation of the ability to work or the cause of disability is revised, which entails an increase in the size of the pension, a pension in the new amount is paid from the date of change in the degree of limitation of the ability to work or the cause of disability.

If the amount of the pension is recalculated due to the occurrence of circumstances leading to a reduction in the amount of the pension, the pension in the new amount is paid from the 1st day of the month following the month in which these circumstances occurred.

3. A transfer from one type of pension to another type of pension is made from the 1st day of the month following the month in which the citizen applied for the transfer of a pension from one type to another.

4. The period for which the pension is assigned (including when its size is changed) depends on the type of pension.

Long service pension and old age pension are assigned for life. A disability pension is assigned for the period for which the disability is determined. A survivor's pension is assigned for the entire period during which a family member of the deceased is considered disabled.

Article 24. Procedure for assigning, recalculating the amount, paying and organizing the delivery of pensions

1. The assignment, recalculation of the amount, payment and organization of delivery of pensions under state pension provision are carried out by a body determined by the Government of the Russian Federation at the place of residence of the person applying for the pension. When a pensioner changes his place of residence, payment and delivery of pensions are carried out at his new place of residence or place of stay on the basis of the pension file and registration documents issued in the prescribed manner by the registration authorities.

2. The list of documents required to establish a pension, the rules for applying for a pension, assigning a pension and recalculating the amount of a pension, transferring from one type of pension to another, paying a pension, maintaining pension documentation are established in the manner determined by the Government of the Russian Federation.

3. The body providing pensions has the right to require individuals and legal entities to submit documents necessary for the assignment and payment of pensions, as well as to check the validity of their issuance.

4. Payment of a pension, including during the period a pensioner is in a state or municipal inpatient social service institution, its delivery and deductions from it are made in the manner prescribed for payment, delivery and deductions from a pension assigned in accordance with the Federal Law "On Labor pensions in the Russian Federation."

Article 25. The procedure for indexing pensions

Pensions provided for by this Federal Law are indexed in the following order:

pensions of federal civil servants - with a centralized increase in the salary (monetary remuneration) of federal civil servants, taking into account the provisions provided for in Articles 14 and 21 of this Federal Law, in the manner established by the Government of the Russian Federation;

(as amended by Federal Law dated 05/08/2004 N 34-FZ)

pensions of military personnel and members of their families (with the exception of pensions of military personnel who served in conscription and members of their families) - in the manner prescribed by the Law of the Russian Federation "On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service , institutions and bodies of the penal system, and their families";

(as amended by Federal Law No. 116-FZ of July 25, 2002)

pensions of military personnel who served in conscription, pensions of participants in the Great Patriotic War, pensions of citizens affected by radiation or man-made disasters, pensions of family members of the listed categories of citizens, pensions of disabled citizens - in the manner established for indexing the basic part of labor pensions provided for by the Federal Law "On Labor Pensions in the Russian Federation".

Chapter VI. The procedure for the entry into force of this Federal Law

Article 26. Entry into force of this Federal Law

2. When establishing, before January 1, 2004, pensions due in accordance with this Federal Law, citizens with disabilities of III, II and I degrees are applied to disability groups I, II and III, respectively.

Article 27. Maintaining the previously established pension amount

1. For citizens specified in Article 4 of this Federal Law, to whom a pension was assigned before the entry into force of this Federal Law, the pension is recalculated according to the norms provided for by this Federal Law.

2. If the amount of a previously assigned pension (for certain categories of pensioners receiving two pensions at the same time in accordance with the legislation of the Russian Federation, the sum of two pensions) exceeds the amount of the pension due in accordance with the provisions of this Federal Law, the pension assigned in accordance with this According to federal law, it is paid in the same higher amount.

3. Citizens who, before the entry into force of this Federal Law, received a social pension provided for by the Law of the Russian Federation "On State Pensions in the Russian Federation" for citizens who have reached the age of 65 and 60 years (men and women, respectively), have the right to receive the specified pension in preserved amount in the same manner instead of the social pension provided for by this Federal Law.

Article 28. On the extension of the provisions of this Federal Law to foreign citizens who served in the Russian Federation and members of their families

(introduced by Federal Law of November 11, 2003 N 141-FZ)

The provisions of this Federal Law that determine the pension provision of military personnel and members of their families also apply to foreign citizens who served in the Armed Forces of the Russian Federation, other troops, military formations and bodies, and members of their families.

1. Federal state civil servants, if they have experience in the state civil service, the duration of which for the purpose of granting a pension for length of service in the relevant year is determined in accordance with Appendix 2 to this Federal Law, and when filling a position in the federal state civil service for at least 12 full months, are entitled to a pension for length of service upon dismissal from the federal state civil service on the grounds provided for in paragraphs 1 - 3, 7 - 9 of part 1, paragraphs 1, 8.2 and 8.3 of part 1, paragraphs 2 - 4 of part 1 and paragraphs 2 - 4 of part 2 "On State civil service of the Russian Federation" (hereinafter referred to as the Federal Law "On the State Civil Service of the Russian Federation") (taking into account the provisions provided for in paragraphs two and three of this paragraph).

Federal state civil servants upon dismissal from the federal state civil service on the grounds provided for in paragraphs 1, 2 (except for cases of expiration of the fixed-term service contract in connection with the expiration of the established term of office of the federal state civil servant who filled the position of the federal state civil service of the categories "head" "or "assistant (adviser)"), 3 and 7 of part 1 of article 33, subparagraph "b" of paragraph 1 of part 1 of article 37 and paragraph 4 of part 2 of article 39 of the Federal Law "On the State Civil Service of the Russian Federation", are entitled to a pension for length of service, if at the time of release from office they had the right to insurance pension for old age (disability) in accordance with Part 1 of Article 8 and Articles 9, 30 - 33 of the Federal Law “On Insurance Pensions” and immediately before dismissal, they held positions in the federal public civil service for at least 12 full months.

Federal state civil servants upon dismissal from the federal state civil service on the grounds provided for in paragraphs 2 (in the event of expiration of a fixed-term service contract due to the expiration of the established term of office of a federal state civil servant who filled a position in the federal state civil service of the categories "manager" or " assistant (adviser)"), 8 and 9 of part 1 of article 33, subparagraph "a" of paragraph 1, paragraphs 8.2 and 8.3 of part 1 of article 37, paragraphs 2 - 4 of part 1 and paragraphs 2 and 3 of part 2 of article 39 of the Federal Law "On state civil service of the Russian Federation", have the right to a long-service pension if, immediately before dismissal, they filled positions in the federal state civil service for at least one full month, while the total duration of filling such positions is at least 12 full months.

1.1. Federal state civil servants with at least 25 years of experience in the state civil service and dismissal from the federal state civil service on the basis provided for in paragraph 3 of part 1 of Article 33 of the Federal Law "On the State Civil Service of the Russian Federation" before acquiring the right to an old-age insurance pension (disability) are entitled to a pension for long service if, immediately before dismissal, they held positions in the federal public civil service for at least 7 years.

2. The long-service pension is established in addition to the old-age (disability) insurance pension assigned in accordance with the Federal Law “On Insurance Pensions” and is paid simultaneously with it.

3. A long-service pension is not paid during the period of civil service of the Russian Federation, when filling a state position of the Russian Federation, a state position of a constituent entity of the Russian Federation, a municipal position filled on a permanent basis, a municipal service position, as well as during the period of work in interstate (intergovernmental ) bodies created with the participation of the Russian Federation, in positions for which, in accordance with international treaties of the Russian Federation, long-service pensions are assigned and paid in the manner and under the conditions established for federal state (civil) employees. Upon subsequent dismissal from the civil service of the Russian Federation or dismissal from the specified positions, the payment of the long-service pension is resumed from the day following the day of dismissal from the specified service or release from the specified positions of the citizen who applied for its renewal.

3.1. Persons who are simultaneously entitled to a pension for long service in accordance with this article, a monthly lifelong allowance, a monthly supplement to the pension (monthly lifelong allowance) or additional (lifetime) monthly material support, assigned and financed from the federal budget in accordance with federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation, as well as for long-service pensions (monthly supplement to pension, other payments) established in accordance with the legislation of the constituent entities of the Russian Federation or acts of local governments in connection with the filling of government positions of the constituent entities of the Russian Federation or municipal positions or in connection with the passage of the state civil service of the constituent entities of the Russian Federation or municipal service, a long-service pension is assigned in accordance with this article or one of the other specified payments at their choice.

4. The conditions for granting the right to a pension to state civil servants of the constituent entities of the Russian Federation and municipal employees at the expense of the budgets of the constituent entities of the Russian Federation and local budgets are determined by laws and other regulatory legal acts of the constituent entities of the Russian Federation and acts of local government bodies. At the same time, state civil servants of the constituent entities of the Russian Federation, municipal employees have the right to a long-service pension established in addition to the old-age (disability) insurance pension assigned in accordance with the Federal Law "On Insurance Pensions" or assigned ahead of schedule in accordance with the Law of the Russian Federation dated April 19, 1991 N 1032-1 “On employment of the population in the Russian Federation”, in the presence of experience in the state civil service, experience in the municipal service, the minimum duration of which for the assignment of a pension for long service in the corresponding year is determined in accordance with Appendix 2 to this Federal Law.

All citizens of the Russian Federation, without exception, have the right to a pension, but it is not always possible to receive it in a sufficient amount.

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That is why you need to familiarize yourself in advance with the norms of Federal Law No. 166-FZ - which determines all the main points that in one way or another affect pension accruals. This point will need to be worked out in advance.

Document structure

One of the most important legacies of the USSR is precisely the pension - and this is due to all citizens of the Russian Federation without any exceptions.

But at the same time, experience is required to obtain certain types. Otherwise, you should only expect an old-age pension. This point will need to be worked out in advance.

This is the only way to avoid various problems. The main government body that in one way or another determines the issue of pension accruals is the Pension Fund.

To calculate any pension, you only need to contact him. Separately, it is necessary to work out the issue of calculating pensions, as well as age.

A decision will soon be made on a significant increase retirement age. Today, it is possible for men to retire at the age of 60, and for women at the age of 55.

Recently, the amount required in a particular case has increased slightly.

In this case, the solution is to use funds maternity capital to accumulate a pension.

Currently, there are many types of pensions. In the standard case, retirement is determined based on length of service.

Citizens who have a certain length of service, as well as those undergoing military service in places of radiation contamination and man-made disasters, may retire a little earlier.

The legislation also addresses the issue of “hot seniority”. Employment in certain jobs allows you to gain experience 1 to 2. For one year of work in certain places, you accrue twice as much experience as the time passed.

It is also important to note that there are certain amendments to the legislation. Moreover, these occur almost constantly.

It should be noted that knowledge of regulatory documentation will allow you to avoid many problems. First of all, related to the year and age from which the pension will begin.

All such subtleties should be sorted out first. This will make it possible to avoid many difficulties.

In addition, knowledge of regulatory documents will allow you to independently, without the help of outsiders, protect your own rights.

It is important to familiarize yourself in advance with all sections that are in one way or another related to pension calculations.

It should also be noted that the accrual process has a number of subtleties. There is a special calculator on the Internet for calculating the pension that is due in a particular case.

Often, Pension Fund employees, for some reason, simply carry out the size assessment process incorrectly.

In this case, you should contact your regional office. If the official request does not bring any results, then it will be necessary to go to court.

It is worth familiarizing yourself with all the subtleties and nuances of the registration procedure in advance. This way, it is possible to prevent standard mistakes, including from employees of the Russian Pension Fund.

An important section is the question regarding non-state pension funds. Today, such institutions exist in large numbers.

Video: termination of pension payments

But it is worth noting that using it does not always provide sufficiently high benefits. It is important to work out all the subtleties and nuances of processing such payments in advance.

Separately, you need to familiarize yourself with information about which specific non-state pension fund the funds are located in and under whose management.

Basic provisions of the standard

This legislative standard includes several dozen different articles. It should be noted that to familiarize yourself with the legislation, you should use the document with all the amendments made.

The assignment of pensions is carried out strictly in accordance with established regulatory documents. Any violations are simply not allowed.

Members of certain government bodies serving in military units, as well as some other citizens, are entitled to pension supplements in accordance with other regulatory documents.

To the main provisions of this normative document, which will need to be sorted out in advance, it is worth including the following:

It is important to note that not only citizens of the Russian Federation have the right to receive pension savings. This moment is discussed in sufficient detail in the legislation.

It will also be important to note that this process has its own subtleties. With official citizens on the territory of the Russian Federation from other states, it will be possible to carry out the process of receiving a pension.

But again, a number of requirements must be met. First of all, regarding experience.

An employee who is a citizen of another state must be officially registered. Otherwise, he simply will not have the right to receive a pension.

It is important to familiarize yourself in advance with what requirements are established for citizens who are not citizens of the Russian Federation. It’s best to sort this out in advance.

Separately, it should be noted that this process has a number of subtleties and features. Often problems with receiving a pension arise precisely because of ignorance of the laws.

Recently, a point system for calculating pensions has been introduced. Moreover, to get one, recently you need to score at least 7.

The amount of these consists of the amount received officially, as well as length of service. Therefore, if the required number of points is not collected, a citizen can only apply for.

Latest amendments to Law 166-FZ on state pension provision in the Russian Federation

Latest changes regarding pensions in the Russian Federation in 2019:

Moreover, it is the pension recipients themselves who will need to familiarize themselves first with all the amendments. Since the best solution is to independently monitor compliance with your own rights.

This will avoid many complications, difficulties, and problems. Whenever controversial situations It is worth trying to resolve it peacefully.

2001 was a milestone year for pension legislation. The country has changed, the new economy required a change in the approach to providing for the disabled population.

Several laws were adopted, including the Federal Law “On State Pension Provision in the Russian Federation” No. 166. It has been in force since January 1, 2002. This document deals with government payments, that is, those paid from the federal budget. It is described who can receive such assistance, what is needed for this, what they are and in what amounts, how they are assigned and paid.

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State pension system

The state pension system has remained since Soviet times. It is in many ways outdated, but it is still in effect and has one important advantage: providing assistance to all disabled people. Its essence is distribution.

The resulting deductions from wages are redirected to support the disabled population. That is pension payments are provided by the working population. Considering that the ratio of the number of workers to the number of pensioners is gradually tilting towards the latter, the financial burden on the working-age population is increasing.

The only way out of the situation is pension reform. This is how it appeared storage system, the essence of which is the creation by everyone of their own personal savings.

Now state and funded pension exist in parallel.

Kinds

Pension payments from the state are of the following types:

1. Provision in old age. This payment can be received when a certain number of years are reached.
2. If you are unable to work due to illness or injury. If a disability of group 1, 2 or 3 is established, you can apply for an appropriate pension.
3. For those who have lost their breadwinner. If the deceased was supported by disabled persons, they are entitled to payment in the event of the loss of a breadwinner.
4. Length of service. Some professions and types of work have increased complexity, danger, and special conditions. People who have been engaged in such activities for a significant period of time are awarded long-service pensions. In this case, you will have to leave this profession. We are talking about astronauts, test pilots, government officials, and military personnel.
5. Social. Such material support is provided in old age, and in the event of disability, and in the event of the loss of a breadwinner, if there is no right to one of the above pensions, for example, there is not enough length of service.

There are cases when you have the right to several types of pensions at once.

For example, the age is sufficient for an old-age pension and there is a disability. You will have to choose one of the pensions, but then you can change your decision.

Dimensions

Exactly how much a pensioner will receive depends mainly on how much work experience or years of service he has, and how high the salary he received.

1. Those who served the state. The minimum you can receive is a payment of 45% of the average salary. For each year of service starting from the sixteenth, the pension amount increases by 3% of salary, but should not exceed 75%. After deducting the insurance pension, the amount of the long-service pension is obtained.
2. If you did military service. Law No. 166 determines what pensions are available to those military personnel who were called up for service and did not acquire high ranks, but were a sergeant major, a soldier or a sailor. If such a military man dies, his family members can also turn to this law to determine the amount of the pension. Other military personnel and their relatives will have to familiarize themselves with other laws in order to find out how much money is owed to them. If a former military man becomes disabled, his financial support will be paid in the amount of 150 to 300% of the social pension. The specific amount of payment depends on what disability group is established and how the cause of its occurrence is related to the service. For a family that has lost a military breadwinner, the payment will be equal to 200% of the social pension for each person if he died from a military injury. If he died from an illness contracted in the service, then the payment will be 150%.
3. If you suffered during the Great Patriotic War. Those who lived in Leningrad during the siege and became disabled are paid 250% of the social pension if the disability is group 1, 200% - group 2 and 150% - group 1. A participant in the Great Patriotic War who has become disabled can claim 250%, 200% or 150% of the social pension if disability group 1, 2 or 3 is established, respectively.
4. Disaster victims. If someone was affected by the consequences of radiation-related disasters, for example, Chernobyl, in old age he is provided with 250% or 200% of the social pension. If recognized as disabled, such a citizen will receive 250%. If he died, leaving dependents, the payment will be 250% for an orphan and 125% for others.
5. Astronauts. Such a pensioner will receive at least 55% of his salary. Starting from 26 years of service for men and 21 for women, the pension for each year increases by 3%, but should not exceed 85%.
6. Test pilots. The more years of service and the longer the test flights, the greater the amount. The highest is 1300% of the social pension.
7. Social pensioners.

3626.71 rubles:

• Representatives of small peoples of the North, in particular, Nanais, Eskimos and Chukchi, if such men are over 55 years old and women are over 50.
• All men over 65 and women over 60.
• For group II disability (except for disabled people who became disabled in childhood).
• Children whose parents have died.

8,704 rubles:

• For disabled children.

7,253.43 rubles:

• For group I disability.
• If disability of group I occurred in childhood.
• To orphans.

3,082.71 rubles: for disability group I.

Pensions are increased under certain conditions, for example:

• those who live in areas of the Far North or equivalent to them;
• persons who have dependents;
• if there are conditions for indexation to compensate for inflation.

Seniority

Some pension benefits are established only if you have worked for a certain length. The length of service includes the time of work, military service, the period when a mother or father is looking after a young child, the time of caring for a group I disabled person, receiving unemployment benefits and a number of other periods.

Payments

Pension funds are paid for the current month, that is, for example, a pension for January is paid in January. The legislator took into account the specifics of paying pensions in cases where a citizen is on state support or travels abroad for permanent residence. There are special rules for making deductions. For example, a pensioner has alimony obligations or has been fined. If a pension recipient dies, his relatives may receive certain payments.