All federal laws on pensions. All about pensions
This Federal Law, in accordance with the Constitution of the Russian Federation and the Federal Law “On Compulsory Pension Insurance in the Russian Federation,” establishes the grounds for the emergence and procedure for exercising the right of citizens of the Russian Federation to labor pensions.
Chapter I. General provisions
Article 1. Legislation of the Russian Federation on labor pensions
1. Labor pensions are established and paid in accordance with this Federal Law. Changing the conditions and standards for establishing, as well as the procedure for paying labor pensions, is 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 of the Russian Federation apply.
3. In cases provided for by this Federal Law, the Government of the Russian Federation determines the procedure for exercising the right of citizens of the Russian Federation to labor pensions and the conditions for establishing these pensions for certain categories of citizens. For the purpose of uniform application of this Federal Law, if necessary, appropriate clarifications may be issued in the manner determined by the Government of the Russian Federation.
4. The procedure for establishing and the procedure for paying pensions for state pension provision at the expense of the federal budget are regulated by the Federal Law “On State Pension Security in the Russian Federation” and the Law of the Russian Federation “On pension provision for persons who served in military service, service in internal affairs bodies, institutions and bodies of the penitentiary system, and their families."
5. Relations related to the provision of pensions to citizens at the expense of funds from the budgets of the constituent entities of the Russian Federation, funds from local budgets and funds from organizations are regulated by regulatory legal acts of state authorities of the constituent entities of the Russian Federation, local governments and acts of organizations.
Article 2. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts apply:
labor pension - a monthly cash payment in order to compensate citizens for wages or other income that the insured persons received before the establishment of their labor pension or lost to disabled family members of the insured persons due to the death of these persons, the right to which is determined in accordance with the conditions and norms, established by this Federal Law;
insurance period - the total duration of periods of work and (or) other activities taken into account when determining the right to a labor pension, during which insurance contributions were paid to the Pension Fund of the Russian Federation, as well as other periods counted in the insurance period;
calculated pension capital - taken into account in the manner determined by the Government of the Russian Federation, the total amount of insurance contributions and other receipts to the Pension Fund of the Russian Federation for the insured person and pension rights in monetary terms acquired before the entry into force of this Federal Law, which is the basis for determining the amount insurance part of labor pension;
establishment of a labor pension - assignment of a labor pension, recalculation of its amount, transfer from one type of pension to another;
individual personal account - a set of information about received insurance premiums for the insured person and other information about the insured person, containing his identification characteristics in the Pension Fund of the Russian Federation, as well as other information taking into account the pension rights of the insured person in accordance with the Federal Law "On Individual (personalized ) registration in the state pension insurance system";
special part of an individual personal account - a section of the individual personal account of an insured person in the individual (personalized) accounting system in the Pension Fund of the Russian Federation, which takes into account information about insurance premiums received for this person, directed to mandatory funded financing of labor pensions, income from their investment and on payments made from pension savings;
pension savings - a set of funds accounted for in a special part of an individual personal account, generated from received insurance contributions for mandatory funded financing of labor pensions and income from their investment;
the expected period of payment of an old-age labor pension is an indicator calculated on the basis of data from the federal executive body for statistics and used to determine the insurance part and the funded part of the labor pension.
Article 3. Persons entitled to a labor pension
Citizens of the Russian Federation who are insured in accordance with the Federal Law “On Compulsory Pension Insurance in the Russian Federation” have the right to a labor pension, provided they comply with the conditions provided for by this Federal Law.
Disabled family members of persons specified in part one of this article have the right to a labor pension in the cases provided for in Article 9 of this Federal Law.
Foreign citizens and stateless persons permanently residing in the Russian Federation have the right to a labor pension on an equal basis with citizens of the Russian Federation, except for cases established by federal law or an international treaty of the Russian Federation.
Article 4. Right to choose a pension
1. Citizens who have the right to simultaneously receive labor pensions of various types, in accordance with this Federal Law, are established one pension of their choice.
2. In cases provided for by the Federal Law “On State Pension Provision in the Russian Federation”, it is permitted to simultaneously receive a pension under the state pension provision established in accordance with the said Federal Law and a labor pension (part of the labor pension) established in accordance with this Federal Law. by law.
3. An application for a labor pension (part of a labor pension) can be made at any time after the right to a labor pension (part of a labor pension) arises, without any time limit.
Article 5. Types of labor pensions and their structure
1. In accordance with this Federal Law, the following types of labor pensions are established:
1) old-age labor pension;
2) labor disability pension;
3) labor pension in case of loss of a breadwinner.
2. An old-age labor pension and a labor disability pension may consist of the following parts:
1) base part;
2) the insurance part;
3) the storage part.
3. The labor pension in case of loss of a breadwinner consists of the following parts:
1) base part;
2) the insurance part.
4. Citizens who for some reason do not have the right to a labor pension are provided with a social pension on the terms and in the manner determined by the Federal Law “On State Pension Provision in the Russian Federation”.
Article 6. Financing of labor pensions
1. The procedure for financing parts of labor pensions specified in paragraphs 2 and 3 of Article 5 of this Federal Law, as well as the procedure for accounting for funds in an individual personal account, are determined by the Federal Law “On Compulsory Pension Insurance in the Russian Federation”.
2. When introducing amendments and additions to this Federal Law that require an increase in the costs of paying labor pensions (parts of labor pensions), the relevant federal law determines the specific source and procedure for financing additional expenses, and federal laws on making the necessary changes are also mandatory. and additions to federal laws on the federal budget and the budget of the Pension Fund of the Russian Federation.
3. The establishment of the funded part of the labor pension is carried out if there are funds accounted for in the special part of the individual personal account of the insured person.
Chapter II. Conditions for assigning labor pensions
Article 7. Conditions for assigning an old-age labor pension
1. Men who have reached the age of 60 and women who have reached the age of 55 have the right to an old-age pension.
2. An old-age labor pension is assigned if there are at least five years of insurance experience.
Article 8. Conditions for assigning a disability pension
1. A labor disability pension is established in the event of disability in the presence of a limitation of the ability to work of the III, II or I degree, determined for medical reasons.
Advertisement to their health, which are established in court, are approved by the Government of the Russian Federation.
3. A labor disability pension is established regardless of the cause of disability (except for the cases provided for in paragraph 4 of this article), the length of the insurance period of the insured person, whether the disabled person continues to work, and also whether the disability occurred during the period of work, before entering work. or after termination of work.
4. If a disabled person has no insurance experience at all, as well as in the event of disability as a result of his commission of an intentional criminal act or intentional damage to his health, which are established in court, a social disability pension is established in accordance with the Federal Law "On State Pension provision in the Russian Federation". In this case, paragraph 5 of this article applies.
5. If there are pension savings accounted for in a special part of the individual personal account of an insured person recognized as disabled, the cumulative part of the labor disability pension is established for this insured person no earlier than he reaches the age specified in paragraph 1 of Article 7 of this Federal Law, and for disabled people from childhood, having a disability of III and II degrees, regardless of age; persons suffering from pituitary dwarfism (midgets), disproportionate dwarfs and visually impaired persons with third-degree disabilities in the ability to work - not earlier than they reach the age provided for in Article 28 of this Federal Law, respectively.
Article 9. Conditions for assigning a labor pension in case of loss of a breadwinner
1. Disabled members of the family of the deceased breadwinner who were dependent on him have the right to a labor pension in the event of the loss of a breadwinner. One of the parents, spouse or other family members specified in subparagraph 2 of paragraph 2 of this article is assigned the specified pension regardless of whether or not they were dependent on the deceased breadwinner. The family of an unknown breadwinner is equated to the family of a deceased breadwinner if the unknown absence of the breadwinner is certified in the prescribed manner.
2. The following are recognized as disabled family members of the deceased breadwinner:
1) children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner studying full-time in educational institutions of all types and types, regardless of their organizational and legal form, for with the exception of educational institutions of additional education, until they complete such training, but no longer than until they reach the age of 23 years or children, brothers, sisters and grandchildren of a deceased breadwinner older than this age, if they became disabled before reaching the age of 18 years, having limited ability to labor activity. In this case, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents;
2) one of the parents or spouse or grandfather, grandmother of the deceased breadwinner, regardless of age and ability to work, as well as a brother, sister or child of the deceased breadwinner who has reached the age of 18 years, if they are caring for the children, brothers, sisters or grandchildren of the deceased breadwinner, not who have reached 14 years of age and are entitled to a labor pension in the event of the loss of a breadwinner in accordance with subparagraph 1 of this paragraph, and do not work;
3) parents and spouse of the deceased breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled people with limited ability to work;
4) grandparents of the deceased breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled people with limited ability to work, in the absence of persons who, in accordance with the legislation of the Russian Federation, are obliged to support them.
3. Members of the family of a deceased breadwinner are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood.
4. Dependency of children of deceased parents is assumed and does not require proof, with the exception of these children declared fully capable in accordance with the legislation of the Russian Federation or who have reached the age of 18 years.
5. Disabled parents and the spouse of the deceased breadwinner, who were not dependent on him, have the right to a labor pension in the event of the loss of a breadwinner, if, regardless of the time that has passed since his death, they have lost their source of livelihood.
6. Family members of the deceased breadwinner, for whom his help was a constant and main source of livelihood, but who themselves received some kind of pension, have the right to switch to a labor pension in the event of the loss of a breadwinner.
7. The labor pension in the event of the loss of a breadwinner-spouse is preserved upon entering into a new marriage.
8. Adoptive parents have the right to a labor pension in the event of the loss of a breadwinner on an equal basis with their parents, and adopted children - on an equal basis with their own children. Minor children who have the right to a labor pension in the event of the loss of a breadwinner retain this right upon their adoption.
9. A stepfather and stepmother have the right to a labor pension in the event of the loss of a breadwinner on the same basis as their father and mother, provided that they raised and supported the deceased stepson or stepdaughter for at least five years. A stepson and stepdaughter have the right to a labor pension in the event of the loss of a breadwinner on the same basis as their own children, if they were raised and supported by a deceased stepfather or stepmother, which is confirmed in the manner determined by the Government of the Russian Federation.
10. The labor pension in the event of the loss of a breadwinner is established regardless of the duration of the breadwinner’s insurance period, as well as the cause and time of his death, except for the cases provided for in paragraph 11 of this article.
11. If the deceased breadwinner has no insurance experience at all, as well as in the event of his death as a result of his commission of an intentional criminal act or intentional damage to his health, which are established in court, a social pension is established in connection with the death of the breadwinner in accordance with the Federal Law "On State Pension Provision in the Russian Federation". In this case, paragraph 12 of this article applies.
12. If the death of the insured person occurred before the assignment of the funded part of the old-age labor pension to him or before the recalculation of the amount of this part of the said pension taking into account additional pension savings, the funds recorded in the special part of his individual personal account are paid in the prescribed manner to persons specified in paragraph 6 of Article 16 of this Federal Law. In this case, the insured person has the right at any time, by submitting an appropriate application to the Pension Fund of the Russian Federation, to identify specific persons from among those specified in paragraph 6 of Article 16 of this Federal Law or from among other persons to whom such a payment may be made, and also to establish in which In shares, the above funds should be distributed between them. In the absence of the specified application, the funds recorded in the special part of the individual personal account, subject to payment to the relatives of the insured person, are distributed among them in equal shares.
Chapter III. Insurance experience
Article 10. Periods of work and (or) other activities included in the insurance period
1. The insurance period includes periods of work and (or) other activities that were performed on the territory of the Russian Federation by the persons specified in part one of Article 3 of this Federal Law, provided that for these periods insurance contributions were paid to the Pension Fund of the Russian Federation.
2. Periods of work and (or) other activities that were performed by persons specified in part one of Article 3 of this Federal Law outside the territory of the Russian Federation are included in the insurance period in cases provided for by the legislation of the Russian Federation or international treaties of the Russian Federation, or in in case of payment of insurance contributions to the Pension Fund of the Russian Federation in accordance with Article 29 of the Federal Law “On Compulsory Pension Insurance in the Russian Federation”.
Article 11. Other periods counted in the insurance period
1. The insurance period, along with periods of work and (or) other activities that are provided for in Article 10 of this Federal Law, includes:
1) the period of military service, as well as other service equivalent to it, provided for by the Law of the Russian Federation “On pension provision for persons who served in military service, service in internal affairs bodies, institutions and bodies of the penal system, and their families”;
2) the period of receiving state social insurance benefits during the period of temporary disability;
3) the period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than three years in total;
4) the period of receiving unemployment benefits, the period of participation in paid public works and the period of moving in the direction of the state employment service to another area for employment;
6) the period of care provided by an able-bodied person for a group I disabled person, a disabled child or a person who has reached the age of 80 years.
2. The periods provided for in paragraph 1 of this article are counted towards the insurance period if they were preceded and (or) followed by periods of work and (or) other activities (regardless of their duration) specified in Article 10 of this Federal Law .
Article 12. Procedure for calculating the insurance period
1. The calculation of the insurance period required to acquire the right to a labor pension is carried out on a calendar basis. If several periods, provided for in Articles 10 and 11 of this Federal Law, coincide in time, when calculating the insurance period, one of such periods is taken into account at the choice of the person who applied for the establishment of the specified pension.
2. When calculating the insurance period, periods of work during the full navigation period on water transport and during the full season in organizations of seasonal industries determined by the Government of the Russian Federation are taken into account in such a way that the duration of the insurance period in the corresponding calendar year is a full year.
Article 13. Calculation rules and procedure for confirming insurance experience
1. When calculating the insurance period, the periods of work and (or) other activities that are provided for in Articles 10 and 11 of this Federal Law, before registering a citizen as an insured person in accordance with the Federal Law "On individual (personalized) accounting in the state pension insurance system" are confirmed by documents issued in the prescribed manner by employers or relevant state (municipal) bodies.
2. When calculating the insurance period, periods of work and (or) other activities, which are provided for in Articles 10 and 11 of this Federal Law, after registration of a citizen as an insured person in accordance with the Federal Law "On individual (personalized) accounting in the state pension insurance system" are confirmed on the basis of individual (personalized) accounting information.
3. When calculating the insurance period, the periods of work on the territory of the Russian Federation, provided for in Article 10 of this Federal Law, before registering a citizen as an insured person in accordance with the Federal Law “On individual (personalized) registration in the state pension insurance system” can be established on the basis of testimony two or more witnesses if work documents are lost due to a natural disaster (earthquake, flood, hurricane, fire, etc.) and it is impossible to restore them. In some cases, it is possible to establish length of service based on the testimony of two or more witnesses in the event of loss of documents and for other reasons (due to careless storage, intentional destruction and similar reasons) not through the fault of the employee.
4. The rules for calculating and confirming the insurance period, including on the basis of witness testimony, are established in the manner determined by the Government of the Russian Federation.
Chapter IV. Amounts of labor pensions
Article 14. Amounts of old-age labor pensions
1. The amount of the basic part of the old-age labor pension is set at 450 rubles per month.
2. For persons who have reached the age of 80 years or are disabled people with a third degree limitation in their ability to work, the amount of the basic part of the old-age labor pension is set at 900 rubles per month.
3. For persons who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the amount of the basic part of the old-age labor pension is established in the following amounts:
1) if there is one such family member - 600 rubles per month;
2) if there are two such family members - 750 rubles per month;
3) if there are three or more such family members - 900 rubles per month.
4. Persons who have reached the age of 80 years or who are disabled, have a third degree limitation in their ability to work, and who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the amount of the basic part of the old-age labor pension is established in the following amounts:
1) if there is one such family member - 1050 rubles per month;
2) if there are two such family members - 1200 rubles per month;
3) if there are three or more such family members - 1350 rubles per month.
5. The amount of the insurance part of the old-age labor pension is determined by the formula:
SCh = PC/T, where
SCH - the insurance part of the old-age labor pension;
PC - the amount of the estimated pension capital of the insured person, taken into account as of the day from which the specified person is assigned the insurance part of the old-age labor pension;
T - the number of months of the expected period of payment of the old-age labor pension, used to calculate the insurance part of the specified pension, amounting to 19 years (228 months).
The amount of the insurance part of the old-age labor pension of insured persons who were recipients of the insurance part of the labor disability pension for a total of at least 10 years cannot be less than the size of the insurance part of the labor disability pension, which was established for these persons as of the day from which they were finally stopped paying the specified part of this pension.
6. When assigning the insurance part of an old-age labor pension at a later age than provided for in paragraph 1 of Article 7 of this Federal Law, the expected period for payment of an old-age labor pension (clause 5 of this article) is reduced by one year for each full year that has elapsed since day of reaching the specified age. In this case, the expected period of payment of the old-age labor pension used to calculate the amount of the insurance part of the said pension cannot be less than 14 years (168 months).
7. When recalculating the insurance part of the old-age labor pension in accordance with paragraphs 3 and 4 of Article 17 of this Federal Law, the expected period for payment of the old-age labor pension (clauses 5 and 6 of this article) is reduced by one year for each full year that has elapsed from the date of appointment the specified portion of this pension. In this case, the specified period, including taking into account its reduction in the case provided for in paragraph 6 of this article, cannot be less than 14 years (168 months).
8. The amount of the basic part and the insurance part of the old-age labor pension cannot be less than 660 rubles per month.
9. The size of the funded part of the old-age labor pension is determined by the formula:
LF = PN/T, where
PN - the amount of pension savings of the insured person, recorded in the special part of his individual personal account as of the day from which he is assigned the cumulative part of the old-age labor pension;
T - the number of months of the expected period for payment of an old-age labor pension, used to calculate the funded part of the specified pension, determined in the manner established by federal law.
10. In the case of the establishment of an old-age labor pension, which includes the insurance part and (or) the funded part of the specified pension, the funds reflected in the individual personal account and (or) in the special part of the individual personal account and taken into account when assigning this pension are not are taken into account when recalculating the corresponding part of the old-age labor pension on the grounds provided for in paragraphs 3, 4 and 10 of Article 17 of this Federal Law, and when indexing the estimated pension capital provided for in paragraph 8 of Article 30 of this Federal Law.
11. The amount of the old-age labor pension is determined by the formula:
P = BC+MF+LF, where
P - the size of the old-age labor pension;
BC - the basic part of the old-age labor pension (paragraphs 1-4 of this article);
SC - the insurance part of the old-age labor pension (clause 5 of this article);
LF - the funded part of the old-age labor pension (clause 9 of this article).
Article 15. Amounts of disability pension
1. The amount of the basic part of the labor disability pension, depending on the degree of limitation of the ability to work, is established in the following amounts:
1) for III degree - 900 rubles per month;
2) for II degree - 450 rubles per month;
3) for I degree - 225 rubles per month.
2. For persons who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the amount of the basic part of the labor disability pension is determined in the following amounts:
1) at III degree:
if there is one such family member - 1050 rubles per month;
if there are two such family members - 1200 rubles per month;
if there are three or more such family members - 1350 rubles per month;
2) in case of II degree:
if there is one such family member - 600 rubles per month;
if there are two such family members - 750 rubles per month;
if there are three or more such family members - 900 rubles per month;
3) in case of I degree:
if there is one such family member - 375 rubles per month;
if there are two such family members - 525 rubles per month;
if there are three or more such family members - 675 rubles per month.
3. The amount of the insurance part of the labor disability pension is determined by the formula:
SC = PC/(T x K), where
SCH - the insurance part of the labor pension;
PC - the amount of the estimated pension capital of the insured person, taken into account as of the day from which he is assigned the insurance part of the labor pension;
T - the number of months of the expected period of payment of the old-age labor pension (clause 5 of Article 14 of this Federal Law);
K is the ratio of the standard duration of the insurance period (in months) as of the specified date to 180 months. The standard length of insurance coverage until a disabled person reaches the age of 19 is 12 months and increases by 4 months for each full year of age starting from 19 years, but not more than 180 months.
4. The amount of the base part and the insurance part of the disability pension cannot be less than 660 rubles per month.
5. The amount of the funded part of the labor disability pension is determined by the formula:
LF = PN/T, where
LF - the funded part of the labor pension;
PN - the amount of pension savings of the insured person, recorded in the special part of his individual personal account as of the day from which the specified person is assigned the funded part of the labor pension;
T - the number of months of the expected period of payment of the old-age labor pension (clause 9 of Article 14 of this Federal Law).
6. In the case of an indefinite establishment of the insurance part and (or) the funded part of the disability pension, the funds reflected in the individual personal account and (or) in its special part are not taken into account when recalculating the corresponding part of the specified pension on the grounds provided for in paragraphs 3 and 10 Article 17 of this Federal Law, and the indexation of the estimated pension capital provided for in paragraph 8 of Article 30 of this Federal Law.
In the case of establishing the insurance part and (or) the funded part of the labor disability pension for a certain period (subparagraph 2 of paragraph 6 of Article 19 of this Federal Law) when recalculating the corresponding part of the specified pension on the grounds provided for in paragraphs 3 and 10 of Article 17 of this Federal Law, and indexation of the estimated pension capital provided for in paragraph 8 of Article 30 of this Federal Law does not take into account that part of the funds reflected in the individual personal account and (or) in its special part, which corresponds to the duration of the period for which the specified parts of the specified pension are established.
7. The amount of the labor disability pension is determined by the formula:
P = BC+MF+LF, where
P - the size of the labor disability pension;
BC - the basic part of the labor pension for disability (paragraphs 1 - 2 of this article);
SC - the insurance part of the labor disability pension (clause 3 of this article);
NC - the cumulative part of the labor disability pension (clause 5 of this article).
Article 16. Amounts of labor pensions in case of loss of a breadwinner
1. The amount of the basic part of the labor pension in the event of the loss of a breadwinner is established in the following amounts:
children specified in subparagraph 1 of paragraph 2 of Article 9 of this Federal Law who have lost both parents, or children of a deceased single mother (orphans) - 450 rubles per month (for each child);
other disabled family members of the deceased breadwinner specified in paragraph 2 of Article 9 of this Federal Law - 225 rubles per month (for each family member).
2. The amount of the insurance part of the labor pension in the event of the loss of a breadwinner for each disabled family member is determined by the formula:
SC = PC/(T x K)/KN, where
SCH - the insurance part of the labor pension in the event of the loss of a breadwinner;
PC - the amount of the estimated pension capital of the deceased breadwinner, recorded as of the day of his death;
T - the number of months of the expected period of payment of the old-age pension (clause 5 of Article 14 of this Federal Law);
K is the ratio of the standard duration of the breadwinner's insurance period (in months) as of the day of his death to 180 months. The standard duration of the insurance period until the deceased breadwinner reaches the age of 19 is 12 months and increases by 4 months for each full year of age starting from 19 years, but not more than up to 180 months;
KN - the number of disabled family members of the deceased breadwinner who are recipients of the specified pensions established in connection with the death of this breadwinner as of the day from which a labor pension in the event of the loss of a breadwinner is assigned to the corresponding disabled family member.
If a labor pension for the loss of a breadwinner is established in connection with the death of a person for whom the insurance part of an old-age labor pension or the insurance part of a labor pension for disability was established on the day of death, the amount of the insurance part of a labor pension for the loss of a breadwinner for each disabled member family is determined by the formula:
SCh = SChp/KN, where
SCH - the amount of the insurance part of the labor pension in the event of the loss of a breadwinner;
SChp - the amount of the insurance part of the old-age labor pension or disability labor pension established for the deceased breadwinner as of the day of his death.
The amount of the insurance part of the labor pension in the event of the loss of a breadwinner cannot be less than the size of the insurance part of the labor pension in the event of the loss of a breadwinner, which was originally assigned to other members of the family of the deceased breadwinner in connection with the death of the same breadwinner.
3. The amount of labor pension in case of loss of a breadwinner is determined by the formula:
P = warhead + midrange, where
P - the amount of labor pension in case of loss of a breadwinner;
BC - the basic part of the labor pension in case of loss of a breadwinner (clause 1 of this article);
SCH - the insurance part of the labor pension in the event of the loss of a breadwinner (clause 2 of this article).
4. The amount of the labor pension in the event of the loss of a breadwinner (clause 3 of this article) cannot be less than 660 rubles per month.
5. When establishing the size of the labor pension in the event of the loss of a breadwinner, which includes the amount of the insurance part of the specified pension, the funds recorded in the individual personal account of the deceased breadwinner are written off from the specified account, and the account is closed.
6. In the case provided for in paragraph 12 of Article 9 of this Federal Law, the persons specified in the application of the insured person on the procedure for distributing funds accounted for in the special part of the individual personal account are paid the specified funds.
In the absence of the specified application of the insured person, payment is made to his relatives, which include his children, including adopted children, spouse, parents (adoptive parents), brothers, sisters, grandparents and grandchildren, regardless of age and disability, in the following sequence:
1) first of all - to children, including adopted children, spouse and parents (adoptive parents);
2) secondly - to brothers, sisters, grandfathers, grandmothers and grandchildren.
Payment of funds to the relatives of the deceased breadwinner of one line is carried out in equal shares. Relatives of the second priority have the right to receive funds accounted for in a special part of the individual personal account of the deceased breadwinner only in the absence of relatives of the first priority.
If the insured person does not have relatives specified in this paragraph, these funds are taken into account as part of the pension reserve. In this case, a special part of the individual personal account of the insured person is closed.
Article 17. Determination, recalculation, indexation and adjustment of the size of labor pensions
1. The amount of the labor pension is determined on the basis of the relevant data available to the body providing pensions as of the day on which this body makes a decision on the assignment of a labor pension, and in accordance with the regulatory legal acts in force on that day.
2. In cases where a pensioner reaches the age of 80, there is a change in the degree of limitation of the ability to work, the number of disabled family members or the category of recipients of a labor pension in the event of the loss of a breadwinner, an appropriate recalculation of the size of the basic parts of the old-age labor pension, disability labor pension and labor pension is carried out. case of loss of a breadwinner.
3. To a person who carried out work and (or) other activities that are provided for in Article 10 of this Federal Law, for at least 12 full months from the date of assignment of the insurance part of an old-age labor pension or the insurance part of a disability labor pension or from the date of the previous recalculation the amount of the specified part of the corresponding labor pension in accordance with this paragraph, upon his application, the size of the insurance part of the old-age labor pension or the insurance part of the disability labor pension is recalculated.
The amount of the insurance part of an old-age labor pension or the insurance part of a disability labor pension is recalculated using the formula:
SCh = SChp + PKp / (T x K), where
SCH - the amount of the insurance part of an old-age labor pension or the insurance part of a labor disability pension;
SChp - the established amount of the insurance part of the old-age labor pension or the insurance part of the disability labor pension as of the day immediately preceding the day from which the corresponding recalculation is made;
PKp - the amount of the estimated pension capital as of the day from which the corresponding recalculation is made;
T - the number of months of the expected period of payment of an old-age labor pension (clause 7 of Article 14 of this Federal Law) or a labor disability pension as of the day immediately preceding the day from which the corresponding recalculation is made;
K is the coefficient for calculating the amount of the old-age labor pension equal to 1, and for calculating the amount of the disability labor pension - the ratio specified in paragraph 3 of Article 15 of this Federal Law. In this case, the standard duration of the disabled person’s insurance period is taken into account as of the day from which the corresponding recalculation is made.
4. If a pensioner refuses to receive the insurance part of the old-age labor pension established for him (in full or in the part determined by him) for at least 12 full months from the date of assignment of the insurance part of the old-age labor pension or from the date of the previous recalculation of the amount of this part of the specified pension effected in accordance with this paragraph, upon his application, the amount of the insurance part of the old-age labor pension is recalculated. In this case, the amounts of the insurance part of the old-age labor pension not received by the pensioner for the specified period are subject to crediting to his individual personal account.
The amount of the insurance part of the old-age labor pension is recalculated according to the formula specified in paragraph 3 of this article.
5. The amount of the insurance part of the labor pension is subject to adjustment, taking into account the clarification, according to individual (personalized) accounting in the state pension insurance system, of information previously provided by the policyholder on the amount of insurance contributions paid by him to the Pension Fund of the Russian Federation, taken into account when determining the amount of the estimated pension capital to calculate the amount of this part of the specified pension. Such an adjustment is made from July 1 of the year following the year in which the assignment of a labor pension or recalculation of the amount of a labor pension occurs, in accordance with paragraphs 3 and 4 of this article.
6. The size of the basic part of the labor pension is indexed taking into account the rate of inflation within the limits of funds provided for these purposes in the federal budget and the budget of the Pension Fund of the Russian Federation for the corresponding financial year.
The indexation coefficient and its frequency are determined by the Government of the Russian Federation.
The amounts of the basic parts of the old-age labor pension, disability labor pension and survivor's labor pension, provided for in Articles 14-16 of this Federal Law, along with indexation carried out in accordance with this article, may, in order to gradually approach the value of the pensioner's subsistence level established by separate federal laws simultaneously with the adoption of the federal law on the federal budget for the corresponding financial year.
7. The amount of the insurance part of the labor pension is indexed in the following order:
1) if prices rise for each calendar quarter by at least 6 percent - once every three months from the 1st day of the month following the first month of the next quarter, that is, from February 1, May 1, August 1 and November 1 ;
2) at a lower level of price growth, but not less than 6 percent for each half-year - once every six months, that is, from August 1 and February 1, if indexation was not carried out during the corresponding half-year in accordance with subparagraph 1 of this paragraph;
3) in the event of an increase in prices for the corresponding six months by less than 6 percent - once a year from February 1, if indexation was not carried out during the year in accordance with subparagraphs 1 and 2 of this paragraph;
4) the indexation coefficient of the size of the insurance part of the labor pension is determined by the Government of the Russian Federation based on the level of price growth for the corresponding period and cannot exceed the indexation coefficient of the size of the basic part of the labor pension for the same period (clause 6 of this article);
5) if the annual growth index of the average monthly salary in the Russian Federation exceeds the total indexation coefficient of the size of the insurance part of the labor pension in the same year (subparagraphs 1-3 of this paragraph), from April 1 of the next year an additional increase in the size of the insurance part of the labor pension will be made pensions by the difference between the annual growth index of average monthly wages in the Russian Federation and the specified coefficient. At the same time, the additional increase in the size of the insurance part of the labor pension (taking into account the previously made indexation of the specified part of the labor pension) cannot exceed the growth index of income of the Pension Fund of the Russian Federation per pensioner, allocated for the payment of the insurance part of labor pensions.
8. The annual growth index of average monthly wages in the Russian Federation and the growth index of income of the Pension Fund of the Russian Federation per pensioner, allocated for the payment of the insurance part of labor pensions (subparagraph 5 of paragraph 7 of this article), are determined by the Government of the Russian Federation.
9. The size of the funded part of the labor pension is subject to annual indexation from July 1 of the year following the year in which it is assigned or recalculated in accordance with paragraph 10 of this article, taking into account income from investing pension savings and changes in the expected period of payment of the labor pension for old age (clause 9 of article 14 of this Federal Law).
10. For persons who carried out work and (or) other activities that are provided for in Article 10 of this Federal Law, after the accumulative part of the old-age labor pension is assigned, the amount of this part of the labor pension is recalculated once every three years, taking into account additional pension savings reflected in the special part of an individual personal account, for the period that has elapsed from the date of assignment of the specified part of the specified pension, or from the date of the last recalculation of its amount made in accordance with this paragraph.
The size of the funded part of the labor pension is recalculated using the formula:
LF = LFp + PNp/T, where
LF - the size of the funded part of the labor pension;
NChp - the established amount of the funded part of the labor pension as of the day immediately preceding the day from which the corresponding recalculation is made;
Pnp - the amount of additional pension savings received by the Pension Fund of the Russian Federation and accounted for in a special part of the individual personal account for the period that has elapsed from the date of assignment of the funded part of the labor pension, or from the date of the last recalculation of the amount of this part of the labor pension, made in accordance with this point;
T - the number of months of the expected period of payment of the old-age labor pension (clause 9 of Article 14 of this Federal Law), determined as of the day from which the specified recalculation is made.
Chapter V. Assignment, recalculation of amounts, payment and delivery of labor pensions
Article 18. Procedure for assignment, recalculation of amounts, payment and delivery of labor pensions
1. The assignment, recalculation of amounts and payment of labor pensions, including the organization of their delivery, are made by the body providing pensions in accordance with the Federal Law “On Compulsory Pension Insurance in the Russian Federation” at the place of residence of the person applying for a labor pension. When a pensioner changes his place of residence, the payment of a labor pension, including the organization of its delivery, is 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. List of documents required to establish a labor pension, the rules for applying for the specified pension, its assignment and recalculation of the amount of the specified pension, including for persons who do not have a permanent place of residence on the territory of the Russian Federation, transfer from one type of pension to another, payment of this pensions and maintenance of pension documentation are established in the manner determined by the Government of the Russian Federation.
3. The body providing pensions has the right to demand from individuals and legal entities the provision of documents necessary for the assignment, recalculation of the amount and payment of a labor pension, and also to check, in appropriate cases, the validity of the issuance of these documents.
4. Payment of labor pensions, including to working pensioners, is made in the established amount without any restrictions directly by the body providing pensions, or by the federal postal service organization, credit or other organization at the request of the pensioner.
5. Delivery of the labor pension to the place of residence or place of stay of the pensioner is carried out at the expense of the sources from which the corresponding labor pension (part of the labor pension) is financed, and is carried out at the request of the pensioner by the body providing pensions, the federal postal service organization, credit or other organization.
6. At the request of the pensioner, the labor pension can be paid under a power of attorney issued in the manner established by the legislation of the Russian Federation. Payment of the specified pension by power of attorney, the validity of which exceeds one year, is made during the entire validity period of the power of attorney, subject to annual confirmation by the pensioner of the fact of registration at the place of receipt of the labor pension in accordance with paragraph 1 of this article.
7. Decisions on the establishment or refusal to establish a labor pension, on the payment of the said pension, on deductions from this pension and on the recovery of overpaid amounts of such a pension can be appealed to a higher pension authority (in relation to the body that made the corresponding decision) and (or ) to court.
Article 19. Deadlines for assigning a labor pension
1. A labor pension (part of a labor pension) is assigned from the date of application for the specified pension (for the specified part of the labor pension), except for the cases provided for in paragraph 4 of this article, but in all cases not earlier than from the date the right to the specified pension (specified part of the labor pension).
2. The day of applying for a labor pension (part of a labor pension) is considered to be the day the body providing pension provision receives the corresponding application with all the necessary documents. If the specified application is sent by mail and all the necessary documents are attached to it, then the day of application for a labor pension (part of a labor pension) is considered to be the date indicated on the postmark of the federal postal service organization at the place of departure of this application.
3. If the individual (personalized) accounting data in the state pension insurance system does not contain the information necessary for assigning a labor pension and (or) not all necessary documents are attached to the application, the body providing pension provision gives the person applying for a labor pension , an explanation of what additional documents he must submit. If such documents are submitted no later than three months from the date of receipt of the corresponding clarification, the day of application for a labor pension (part of a labor pension) is considered to be the day of receipt of the application for a labor pension (part of a labor pension) or the date indicated on the postmark of the federal postal organization contact at the place of sending this application.
4. A labor pension (part of a labor pension) is assigned earlier than the day of application for a labor pension (part of a labor pension), determined by paragraph 2 of this article, in the following cases:
1) old-age labor pension (part of the old-age labor pension) - from the day following the day of dismissal from work, if the application for the specified pension (specified part of the labor pension) followed no later than 30 days from the date of dismissal from work;
2) labor pension for disability (part of the labor pension for disability) - from the day the person is recognized as disabled, if the application for the specified pension (specified part of the labor pension) followed no later than 12 months from this date;
3) labor pension in case of loss of a breadwinner - from the date of death of the breadwinner, if the application for the specified pension followed no later than 12 months from the date of his death, and if this period is exceeded - 12 months earlier than the day when the application for the specified pension followed .
5. An application for assignment of a labor pension (part of a labor pension), an application for transfer to a labor pension or an application for transfer from one type of labor pension to another is considered no later than 10 days from the date of receipt of this application or from the date of submission of additional documents in accordance with paragraph 3 of this article. In case of refusal to satisfy the said application, the body providing pension provision, no later than five days after the relevant decision is made, notifies the applicant about this, indicating the reason for the refusal and the procedure for appealing it, and at the same time returns all documents.
6. Labor pensions (parts of labor pensions) are assigned for the following periods:
1) old-age labor pension (part of the specified labor pension) - for an indefinite period;
2) labor pension for disability (part of the specified labor pension) - for the period during which the corresponding person is recognized as disabled, including for an indefinite period;
3) labor pension in case of loss of a breadwinner - for the period during which the corresponding person is considered disabled, including indefinitely.
7. Transfer from one type of labor pension to another, as well as from another pension established in accordance with the legislation of the Russian Federation, to a labor pension is made from the 1st day of the month following the month in which the pensioner submitted an application for transfer from one type of labor pension to another or from another pension to a labor pension with all the necessary documents (if they are not in his pension file), but not earlier than the day of acquiring the right to a labor pension or other pension.
Article 20. Terms for recalculating the amount of labor pension
1. Recalculation of the amount of the labor pension (part of the labor pension) in accordance with paragraphs 2-4 of Article 17 of this Federal Law, except for the cases provided for in paragraph 3 of this article, is carried out:
from the 1st day of the month following the month in which circumstances occurred that entailed a recalculation of the amount of the labor pension downward;
from the 1st day of the month following the month in which the pensioner’s application for an upward recalculation of the amount of the labor pension (part of the labor pension) was accepted.
2. A pensioner’s application for recalculation of the amount of the labor pension (part of the labor pension) is accepted subject to the simultaneous submission of all documents necessary for such recalculation.
3. Recalculation of the size of the basic part of the old-age labor pension and disability labor pension in connection with a change in the degree of limitation of the ability to work is carried out in the following order:
1) when establishing a higher degree of limitation of the ability to work - from the date the body of the State Service for Medical and Social Expertise makes the corresponding decision;
2) when a lower degree of limitation of the ability to work is established - from the 1st day of the month following the month for which the previous degree of limitation of the ability to work was established.
4. A pensioner’s application for recalculation of the amount of the labor pension (part of the labor pension) is considered no later than five days from the date of receipt of the said application with all the necessary documents. In case of refusal to satisfy this application, the body providing pension provision, no later than five days from the date of the relevant decision, notifies the applicant about this, indicating the reason for the refusal and the procedure for appealing and at the same time returns all documents.
5. The recalculation of the amount of the funded part of the labor pension (clause 10 of Article 17 of this Federal Law) is carried out by the body providing pensions, without requiring a corresponding application from the pensioner, from the 1st day of the month following the month in which the three-year period expires from the date of appointment, or from the date of the last recalculation of the amount of this part of the labor pension in accordance with the specified paragraph.
Article 21. Suspension and resumption of payment of labor pension
1. Payment of a labor pension (part of a labor pension) is suspended in the following cases:
1) if you have not received the established labor pension (part of the labor pension) for six months in a row - for the entire period of non-receipt of the specified pension (the specified part of the labor pension) starting from the 1st day of the month following the month in which the specified period expired;
2) if a disabled person fails to appear at the appointed time for re-examination at the body of the State Service for Medical and Social Expertise - for three months starting from the 1st day of the month following the month in which the specified period expired. After the expiration of the specified three months, payment of this pension (part of this labor pension) is terminated in accordance with subparagraph 3 of paragraph 1 of Article 22 of this Federal Law.
2. If the circumstances specified in paragraph 1 of this article are eliminated, the payment of the labor pension (part of the labor pension) is resumed in the same amount as it was paid on the day the payment was suspended. After the resumption of payment of the said pension (part of the said pension), its amount is subject to recalculation on the grounds and in the manner provided for in Articles 17 and 20 of this Federal Law.
3. Resumption of payment of a labor pension (part of a labor pension) is made from the 1st day of the month following the month in which the body providing pensions received the relevant application for the resumption of payment of a labor pension (part of a labor pension) and documents, with the exception of cases provided for in paragraphs 4 and 5 of this article. In this case, the pensioner is paid the amounts of the specified pension (the specified part of the labor pension) that he has not received for the entire time during which the payment of the specified pension (the specified part of the labor pension) was suspended.
4. If a person undergoes re-examination by the State Medical and Social Examination Service and confirmation of his disability before the expiration of the period established by subparagraph 2 of paragraph 1 of this article, the payment of a labor pension (part of a labor pension) for disability is resumed from the day from which this person again recognized as disabled.
5. In cases where a person misses the deadline for re-examination for a good reason, determined by the body of the State Service for Medical and Social Expertise, and the said body establishes disability with a limitation of the ability to work of the III, II or I degree for the past time, payment of a labor pension (part of a labor pension) according to disability is resumed from the day on which the corresponding person is again recognized as disabled, regardless of the period that has passed since the suspension of payment of the labor pension (part of the labor pension). If, during the re-examination, a different degree of limitation of the ability to work is established (higher or lower), then the payment of this pension (part of the labor pension) is resumed for the specified time according to the previous degree of limitation of the ability to work.
Article 22. Termination and restoration of labor pension payments
1. Payment of a labor pension (part of a labor pension) is terminated:
1) in the event of the death of a pensioner, as well as in the case of recognizing him as deceased or missing in the prescribed manner - from the 1st day of the month following the month in which the death of the pensioner occurred or the decision to declare him dead or the decision to recognize him came into force his missing;
2) after six months from the date of suspension of the payment of the labor pension in accordance with subparagraph 1 of paragraph 1 of Article 21 of this Federal Law - from the 1st day of the month following the month in which the specified period expired;
3) in the event of a pensioner losing the right to the labor pension assigned to him (part of the labor pension) (detection of circumstances or documents disproving the accuracy of the information presented in confirmation of the right to the specified pension; expiration of the period for recognizing a person as disabled; acquisition of working capacity by a person receiving a pension in case of loss breadwinner; entry to work (resumption of other activities subject to inclusion in the insurance period) of persons provided for in subparagraph 2 of paragraph 2 of Article 9 of this Federal Law) - from the 1st day of the month following the month in which the above circumstances or documents were discovered , either the period of disability has expired or the person concerned has become capable of working.
2. Payment of labor pension (part of labor pension) is restored:
1) in case of cancellation of a decision to recognize a pensioner as dead or a decision to recognize a pensioner as missing - from the 1st day of the month following the month in which the corresponding decision came into force;
2) at the request of the pensioner in the event of the occurrence of new circumstances or proper confirmation of previous circumstances giving the right to establish a labor pension (part of the labor pension), if no more than 10 years have passed since the date of termination of payment of the specified pension (the specified part of the labor pension), - from 1 the th day of the month following the month in which the body providing pensions received an application for the restoration of payment of this pension (part of this pension) and all the necessary documents.
3. Termination or restoration of payment of the insurance part of the old-age labor pension in the event of a pensioner’s refusal to receive it on the basis of paragraph 4 of Article 17 of this Federal Law is carried out from the 1st day of the month following the month in which the body providing pension provision received the corresponding pensioner's application and all necessary documents.
4. When the payment of a labor pension (part of a labor pension) is restored, the right to a labor pension (part of a labor pension) is not revised. In this case, the amount of the specified pension (the specified part of the labor pension) is determined anew, taking into account paragraphs 2-5 of Article 17 and Article 20 of this Federal Law.
Article 23. Terms of payment and delivery of labor pension
1. Payment of labor pension, including its delivery, is made for the current month.
2. The accrued amounts of the base part and the insurance part of the labor pension, the payment of which was suspended by the body providing pensions, and which were not claimed by the pensioner in a timely manner, are paid to him over the past period of time, but not more than for three years preceding the moment of applying for the accrued labor pension. A labor pension (part of a labor pension) not received by a pensioner in a timely manner due to the fault of the body providing pensions is paid to him for the past time without any time limit.
3. Accrued amounts of labor pension due to the pensioner in the current month and remaining not received in connection with his death in the specified month are not included in the inheritance and are paid to those members of his family who belong to the persons specified in paragraph 2 of Article 9 of this Federal Law. law, and lived together with this pensioner on the day of his death, if the application for the unreceived amounts of the specified pension followed no later than six months from the date of death of the pensioner. When several family members apply for the specified amounts of labor pension, the amounts of labor pension due to them are divided equally between them.
4. The pensioner is obliged to immediately notify the body providing pensions of the occurrence of circumstances entailing a change in the size of the labor pension or termination of its payment.
Article 24. Payment of labor pensions to persons leaving for permanent residence outside the territory of the Russian Federation
1. A person leaving for permanent residence outside the territory of the Russian Federation, before leaving, at his request, is paid the amount of the labor pension assigned to him in accordance with this Federal Law (part of the labor pension) in rubles for six months in advance.
2. Based on a written application of a person who has left for permanent residence outside the territory of the Russian Federation, the amount of the labor pension assigned to him (part of the labor pension) may be paid on the territory of the Russian Federation in rubles by proxy or by crediting to his account in a bank or other credit organization or can be transferred abroad in foreign currency at the ruble exchange rate established by the Central Bank of the Russian Federation on the day of this transaction. In this case, the transfer is made starting from the month following the month of departure of this person outside the territory of the Russian Federation, but not earlier than from the day before which the pension in rubles was paid.
3. The procedure for paying labor pensions to persons who leave (have left) for permanent residence outside the territory of the Russian Federation is established by the Government of the Russian Federation.
4. When the persons specified in paragraphs 1 and 2 of this article return for permanent residence to the Russian Federation, the amounts of the labor pension assigned to them (parts of the labor pension) not received by them during their residence outside the territory of the Russian Federation are paid for the past time, but no more than three years preceding the day of application for the specified pension (part of the labor pension).
Article 25. Responsibility for the accuracy of information necessary for establishing and paying a labor pension
1. Individuals and legal entities are responsible for the accuracy of the information contained in the documents they submit for the establishment and payment of a labor pension, and employers, in addition, are responsible for the accuracy of the information provided for maintaining individual (personalized) records in the state pension insurance system.
2. If the submission of false information or untimely submission of information provided for in paragraph 4 of Article 23 of this Federal Law has resulted in overexpenditure of funds for the payment of labor pensions, the guilty persons shall compensate the Pension Fund of the Russian Federation for the damage caused in the manner established by the legislation of the Russian Federation.
3. In cases of non-fulfillment or improper fulfillment of the duties specified in paragraph 1 of this article, and the payment in connection with this of excess amounts of labor pension, the employer and pensioner shall compensate the pension body that pays the labor pension for the damage caused in the manner established by the legislation of the Russian Federation.
Article 26. Deductions from labor pension
1. Deductions from labor pensions are made on the basis of:
1) executive documents;
2) decisions of the bodies providing pension provision on the recovery of amounts of labor pensions overpaid to a pensioner in connection with a violation of paragraph 4 of Article 23 of this Federal Law;
3) court decisions on the recovery of labor pensions due to abuses on the part of the pensioner, established in court.
2. Deductions are made in the amount calculated from the amount of the established labor pension.
3. No more than 50 percent can be withheld, and in cases established by the legislation of the Russian Federation, no more than 70 percent of the labor pension. Deductions based on decisions of the bodies providing pensions are made in an amount not exceeding 20 percent of the labor pension.
4. In the event of termination of payment of a labor pension before full repayment of the debt on overpaid amounts of the said pension, withheld on the basis of decisions of the bodies providing pensions, the remaining debt is collected in court.
5. If not all parts of the labor pension provided for by this Federal Law are established for a person, the deductions from the labor pension specified in this article are made from the established parts of this pension.
Chapter VI. The procedure for preserving and converting (transforming) previously acquired rights
Article 27. Retention of the right to early assignment of a labor pension
1. An old-age labor pension is assigned before reaching the age established by Article 7 of this Federal Law to the following persons:
1) men upon reaching the age of 50 years and women upon reaching the age of 45 years, if they have worked, respectively, for at least 10 years and 7 years 6 months in underground work, in work with hazardous working conditions and in hot shops and have an insurance record of at least 20 and 15 years old.
If these persons have worked in the listed jobs for at least half of the period established above and have the required length of insurance service, they are assigned a labor pension with a reduction in the age established by Article 7 of this Federal Law by one year for each full year of such work - for men and women;
2) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in jobs with difficult working conditions for at least 12 years 6 months and 10 years, respectively, and have an insurance period of at least 25 and 20 years, respectively.
If these persons have worked in the listed jobs for at least half of the established period and have the required length of insurance service, they are assigned a labor pension with a reduction in the age provided for in Article 7 of this Federal Law by one year for every 2 years and 6 months of such work for men and for every 2 years of such work for women;
3) women upon reaching the age of 50 years, if they have worked as tractor drivers in agriculture, other sectors of the economy, as well as as drivers of construction, road and loading and unloading machines for at least 15 years and have an insurance record of at least 20 years ;
4) women upon reaching the age of 50, if they have worked for at least 20 years in the textile industry in work with increased intensity and severity;
5) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked respectively for at least 12 years, 6 months and 10 years as working locomotive crews and workers of certain categories directly organizing transportation and ensuring traffic safety on railway transport and subway, as well as as drivers of trucks directly in the technological process in mines, open-pit mines, mines or ore quarries for the removal of coal, shale, ore, rock and have an insurance experience of at least 25 and 20 years, respectively;
6) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked, respectively, for at least 12 years 6 months and 10 years in expeditions, parties, detachments, at sites and in teams directly on field geological exploration, prospecting, topographic-geodetic, geophysical, hydrographic, hydrological, forest management and survey work and have insurance experience of at least 25 and 20 years, respectively;
7) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked respectively for at least 12 years 6 months and 10 years as workers, foremen (including senior ones) directly in logging and rafting, including servicing mechanisms and equipment, and have insurance experience of at least 25 and 20 years, respectively;
8) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked, respectively, for at least 20 and 15 years as machine operators (docker-mechanizers) of complex crews for loading and unloading operations in ports and have an insurance record of at least 25 and 20 years;
9) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked respectively for at least 12 years 6 months and 10 years as a crew member on ships of the sea, river fleet and fishing industry fleet (with the exception of port ships permanently operating in port waters, service and auxiliary and traveling vessels, suburban and intracity traffic vessels) and have an insurance record of at least 25 and 20 years, respectively;
10) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked as drivers of buses, trolleybuses, trams on regular city passenger routes for at least 20 and 15 years, respectively, and have an insurance record of at least 25 and 20 years, respectively. ;
11) persons directly employed full-time in underground and open-pit mining (including personnel of mine rescue units) in the extraction of coal, shale, ore and other minerals and in the construction of mines and mines, regardless of age, if they worked in the specified work at least 25 years, and for workers of leading professions - longwall miners, drifters, jackhammer operators, mining machine operators, if they have worked in such work for at least 20 years;
12) men and women who have worked, respectively, for at least 25 and 20 years on ships of the marine fishing industry in the production, processing of fish and seafood, receiving finished products in the fishery (regardless of the nature of the work performed), as well as on certain types of sea vessels , river fleet and fishing industry fleet;
13) men who have worked for at least 25 years and women who have worked for at least 20 years as civil aviation flight personnel, and when leaving flight work for health reasons - men who have worked for at least 20 years and women who have worked for at least 15 years in the specified composition of civil aviation;
14) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in direct control of civil aviation flights for at least 12 years 6 months and at least 10 years, respectively, and have an insurance period of at least 25 and 20 years;
15) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in engineering and technical personnel in direct maintenance of civil aviation aircraft for at least 20 and 15 years, respectively, and have insurance experience in civil aviation, respectively, for at least 25 and 20 years.
2. Lists of relevant jobs, industries, professions, positions and specialties and institutions, taking into account which the labor pension provided for in paragraph 1 of this article is assigned, the rules for calculating periods of work and assigning labor pensions, if necessary, are approved by the Government of the Russian Federation.
3. The conditions for assigning an old-age labor pension, provided for in paragraph 1 of this article, apply if the insured person worked in the relevant types of work for at least half of the required period as of January 1, 2003, and in the case of assigning an old-age labor pension in the period from January 1 to December 31, 2002 - the day from which this pension is assigned. Persons who have worked in the relevant types of work for less than half the required period, as well as those hired to perform these works after January 1, 2003, are granted professional pensions regulated by the relevant federal law.
Article 28. Retention of the right to early assignment of a labor pension to certain categories of citizens
1. An old-age labor pension is assigned before reaching the age established by Article 7 of this Federal Law to the following citizens:
1) women who gave birth to five or more children and raised them until they reached the age of 8 years, as well as mothers of disabled people from childhood, who raised them until they reached the age of 8 years, upon reaching the age of 50 years, if they have at least 15 years of insurance experience ;
2) women who have given birth to two or more children, upon reaching the age of 50, if they have an insurance record of at least 20 years and have worked for at least 12 calendar years in the Far North or at least 17 calendar years in equivalent areas;
3) disabled people due to military trauma: men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have an insurance period of at least 25 and 20 years, respectively;
4) visually impaired people who have a third degree limitation in their ability to work: men upon reaching the age of 50 years and women upon reaching the age of 40 years, if they have an insurance period of at least 15 and 10 years, respectively;
5) citizens with pituitary dwarfism (midgets) and disproportionate dwarfs: men upon reaching the age of 45 years and women upon reaching the age of 40 years, if they have an insurance period of at least 20 and 15 years, respectively;
6) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked for at least 15 calendar years in the Far North or at least 20 calendar years in equivalent areas and have an insurance record of at least 25 and 20 years, respectively .
For citizens who worked both in the Far North and in equivalent areas, a labor pension is established for 15 calendar years of work in the Far North. Moreover, each calendar year of work in areas equated to the regions of the Far North is counted as nine months of work in the regions of the Far North.
Citizens who have worked in the regions of the Far North for at least 7 years 6 months are assigned a labor pension with a reduction in the age established by Article 7 of this Federal Law by four months for each full calendar year of work in these regions. When working in areas equated to regions of the Far North, as well as in these areas and regions of the Far North, the provisions of the second paragraph of this subclause apply;
7) persons who have worked for at least 15 years as rescuers in professional emergency rescue services, professional emergency rescue units of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief and participated in emergency response, upon reaching the age of 40 years or regardless of age;
8) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they were employed in work with convicted persons as workers and employees of institutions executing criminal penalties in the form of imprisonment, the Ministry of Justice of the Russian Federation, respectively, for at least 15 and 10 years and have an insurance experience of at least 25 and 20 years, respectively;
9) men and women upon reaching the age of 50 years, if they have worked for at least 25 years in positions of the State Fire Service (fire protection, fire protection and emergency rescue services) of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief;
10) persons who have carried out teaching activities in state and municipal institutions for children for at least 25 years, regardless of their age;
11) persons who have carried out medical and other activities to protect public health in state and municipal health care institutions for at least 25 years in rural areas and urban-type settlements and for at least 30 years in cities, rural areas and urban-type settlements, or only in cities, regardless of their age;
12) persons who have carried out creative activities on stage in state and municipal theaters or theatrical and entertainment organizations (depending on the nature of such activities) for at least 15-30 years and have reached the age of 50-55 years or regardless of age;
13) men upon reaching the age of 50 years, women upon reaching the age of 45 years, permanently residing in the regions of the Far North and equivalent areas, who have worked, respectively, for at least 25 and 20 years as reindeer herders, fishermen, and commercial hunters.
2. When assigning an old-age labor pension in accordance with subparagraphs 2, 6 and 13 of paragraph 1 of this article, the list of regions of the Far North and equivalent areas is applied, which was used when assigning state old-age pensions in connection with work in the Far North as of 31 December 2001.
3. Lists of relevant jobs, professions, positions, specialties and institutions (organizations), taking into account which an old-age labor pension is assigned in accordance with subparagraphs 7-13 of paragraph 1 of this article, the rules for calculating periods of work (activity) and assigning the said pension if necessary approved by the Government of the Russian Federation.
Article 29. Recalculation of labor pension amounts based on pension file documents
1. The amounts of labor pensions established before the entry into force of this Federal Law in accordance with the norms of the Law of the Russian Federation “On State Pensions in the Russian Federation” are recalculated in accordance with this Federal Law.
2. When applying this Federal Law, payment of contributions to state social insurance before January 1, 1991, the unified social tax (contribution) and the unified tax on imputed income for certain types of activities that took place in the period before the entry into force of this Federal Law is equivalent to payment of insurance contributions to the Pension Fund of the Russian Federation.
3. The estimated pension capital for determining the insurance part of labor pensions provided for by this article is established in accordance with Article 30 of this Federal Law.
4. If, when recalculating the amount of the labor pension in accordance with the norms provided for by this Federal Law, the amount of the specified pension does not reach the amount received by the pensioner on the day this Federal Law entered into force, the pensioner is paid a pension in the previous higher amount.
5. Indexation of the size of labor pensions provided for in this article is carried out in the manner determined by Article 17 of this Federal Law.
Article 30. Assessment of pension rights of insured persons
1. In connection with the entry into force of this Federal Law, the pension rights of insured persons as of January 1, 2002 are assessed by converting them into estimated pension capital using the formula:
PC = (RP-warhead) x T, where
PC - the amount of the estimated pension capital;
RP - the estimated amount of the labor pension determined for insured persons in accordance with paragraph 2 of this article;
BC - the amount of the basic part of the labor pension (clause 1 of Article 14 of this Federal Law);
T is the expected period for payment of an old-age labor pension, equal to the same period to be applied when establishing a labor pension in accordance with this Federal Law (clause 5 of Article 14 and clause 1 of Article 32 of this Federal Law).
If, in accordance with paragraph 9 of this article, the assessment of the pension rights of insured persons is carried out simultaneously with the assignment of a disability labor pension to them, the specified expected period for payment of an old-age labor pension is subject to multiplication by the ratio of the normative duration of the disabled person's insurance period (in months) as of January 1, 2002 to 180 months (clause 3 of Article 15 of this Federal Law).
2. The estimated size of the labor pension is determined for men with a total work experience of at least 25 years, and for women with a total work experience of at least 20 years, according to the formula:
RP = SK x ZR/ZP x SZP, where
ZR - the average monthly earnings of the insured person for 2000 - 2001 according to individual (personalized) records in the state pension insurance system or for any 60 consecutive months on the basis of documents issued in the prescribed manner by the relevant employers or state (municipal) bodies;
ZP - average monthly salary in the Russian Federation for the same period;
SZP - average monthly salary in the Russian Federation for the period from July 1 to September 30, 2001 for calculating and increasing the size of state pensions, approved by the Government of the Russian Federation;
SC - length of service coefficient, which for insured persons (except for disabled people with a disability of the first degree) is 0.55 and increases by 0.01 for each full year of total work experience in excess of the duration specified in this paragraph, but not more than by 0.20.
For these disabled people, the length of service coefficient is 0.30.
The ratio of the average monthly earnings of the insured person to the average monthly salary in the Russian Federation (ZR/ZP) is taken into account in an amount not exceeding 1.2.
For persons living in the regions of the Far North and equivalent areas (clause 2 of Article 28 of this Federal Law), in which regional coefficients for wages are established, the ratio of the average monthly earnings of the insured person to the average monthly wage in the Russian Federation (ZR/ZP) is taken into account in the following sizes:
not more than 1.4 - for persons living in the specified areas and localities in which a regional coefficient of up to 1.5 has been established for the wages of employees;
not more than 1.7 - for persons living in the specified areas and localities in which a regional coefficient in the amount of 1.5 to 1.8 is established for the wages of employees;
not more than 1.9 - for persons living in the specified areas and localities in which a regional coefficient of 1.8 or higher is established for the wages of employees.
In this case, if different regional wage coefficients are established, the wage coefficient in force in a given region or locality for workers and employees in non-production industries is taken into account.
For the persons specified in the first paragraph of subclause 6 of clause 1 of Article 28 of this Federal Law, the ratio of the average monthly earnings of a pensioner to the average monthly wage in the Russian Federation (ZR/ZP) is taken into account in the above amounts, regardless of the place of residence of these persons outside the regions of the Far North and equivalent areas to them.
Increases in pensions established by the legislation of the Russian Federation for certain categories of citizens as of December 31, 2001 (with the exception of the regional coefficient) are accrued to the calculated amount of the labor pension for the relevant persons (with the exception of persons entitled to additional material support in accordance with the legislation of the Russian Federation in a higher size).
The estimated size of the labor pension cannot be less than 660 rubles.
3. The amount of estimated pension capital with incomplete total work experience is determined based on the amount of estimated pension capital with full total work experience (25 years for men and 20 years for women), which is divided by the number of months of full total work experience and multiplied by the number of actual months existing total work experience.
4. For the purpose of assessing the pension rights of insured persons, the total length of service is understood as the total duration of labor and other socially useful activities before January 1, 2002, taken into account in calendar order, which includes:
1) periods of work as a worker, employee (including hired work outside the territory of the Russian Federation), member of a collective farm or other cooperative organization; periods of other work in which the employee, not being a worker or employee, was subject to compulsory pension insurance; periods of work (service) in paramilitary security, special communications agencies or in a mine rescue unit, regardless of its nature; periods of individual labor activity, including in agriculture;
2) periods of creative activity of members of creative unions - writers, artists, composers, cinematographers, theater workers, as well as writers and artists who are not members of the relevant creative unions;
3) service in the Armed Forces of the Russian Federation and other military formations created in accordance with the legislation of the Russian Federation, the United Armed Forces of the Commonwealth of Independent States, the Armed Forces of the former USSR, internal affairs bodies of the Russian Federation, foreign intelligence agencies, federal security service agencies, federal executive bodies authorities, which provide for military service, the former state security bodies of the Russian Federation, as well as in the state security bodies and internal affairs bodies of the former USSR (including during periods when these bodies were called differently), stay in partisan detachments during the civil period war and the Great Patriotic War;
4) periods of temporary disability that began during the period of work, and the period of being on disability of groups I and II, received as a result of an injury associated with production or an occupational disease;
5) the period of stay in places of detention beyond the period appointed during the review of the case;
6) periods of receiving unemployment benefits, participating in paid public works, moving in the direction of the employment service to another area and finding employment.
5. Conversion (transformation) of pension rights into the estimated pension capital of the insured persons specified in paragraph 1 of Article 27 and subparagraphs 7-13 of paragraph 1 of Article 28 of this Federal Law may be carried out at their choice in the manner specified in this article using instead of the general labor length of service (existing and full) length of service in the relevant types of work (existing and full).
For the purpose of assessing the pension rights of insured persons, length of service in the relevant types of work is understood as the total duration of periods of work before January 1, 2002, defined in paragraph 1 of Article 27 and subparagraphs 7-13 of paragraph 1 of Article 28 of this Federal Law. The period of being on disability of groups I and II, received as a result of an injury associated with production, or an occupational disease, is equivalent to the work at which the specified injury or disease was received.
At the same time, in order to calculate the estimated pension capital for the insured person, the expected period of payment of the old-age pension, determined in accordance with paragraph 1 of this article, is increased by the number of years missing when assigning an early pension to the age established by Article 7 of this Federal Law (for men and women respectively).
6. For persons who, as of December 31, 2001, were granted an old-age labor pension, a disability labor pension, a survivor's labor pension or a long-service labor pension in accordance with the Law of the Russian Federation "On State Pensions in the Russian Federation" , at their choice, the amount of one pension established by him is taken as the calculated amount of the labor pension, taking into account increases and compensation payments in connection with the increase in the cost of living in the Russian Federation using the appropriate regional coefficient, with the exception of allowances for care and disabled dependents.
If, at the choice of a pensioner, the assessment of his pension rights is carried out in accordance with paragraphs 1 - 5 of this article, to determine the estimated size of the labor pension, at the request of the pensioner, the amount of his average monthly earnings from which the established pension is calculated can be taken into account.
7. When assigning, starting from January 1, 2002, a labor pension in the event of the loss of a breadwinner in connection with the death of an insured person for whom an individual personal account was not opened, the estimated pension capital due to the deceased breadwinner is determined in the manner prescribed by this article in relation to persons who have become disabled, for the subsequent calculation of the insurance part of the labor pension in the event of the loss of a breadwinner to the relevant members of his family in accordance with paragraph 2 of Article 16 of this Federal Law.
8. Indexation of the estimated pension capital necessary to determine the insurance part of the labor pension is carried out in relation to the procedure provided for in paragraphs 7 and 8 of Article 17 of this Federal Law, for the entire period from January 1, 2002 to the day from which the specified part of the labor pension is assigned .
9. The assessment of the pension rights of insured persons as of January 1, 2002 is carried out by the bodies providing pensions simultaneously with the assignment of their labor pension in accordance with this Federal Law, but no later than January 1, 2013. In this case, the procedure for calculating and confirming length of service, including length of service in relevant types of work (and, if necessary, the earnings of the insured person), which was established for the assignment and recalculation of state pensions and was in force until the day this Federal Law came into force, is applied.
Chapter VII. The procedure for enacting this Federal Law
Article 31. Entry into force of this Federal Law
2. From the date of entry into force of this Federal Law, the Law of the Russian Federation “On State Pensions in the Russian Federation” and the Federal Law “On the Procedure for Calculating and Increasing State Pensions”, and other federal laws adopted before the date of entry into force of this Federal Law, become invalid and providing for the conditions and standards of pension provision, are applied to the extent that does not contradict this Federal Law.
3. The conditions and norms for establishing pensions for cosmonauts and civil aviation flight test personnel, as provided for by regulatory legal acts, in force until the day this Federal Law enters into force are preserved. The specified conditions and norms are also applied when assessing the pension rights of cosmonauts and civil aviation flight test personnel in accordance with the norms of this Federal Law.
4. When establishing, before January 1, 2004, labor pensions due in accordance with this Federal Law to persons with disabilities of III, II and I degrees, the I, II and III disability groups are applied respectively.
Article 32. Entry into force of the expected period for payment of labor pension established by this Federal Law
1. When determining the size of the insurance part of the labor pension, starting from January 1, 2002, the expected period of payment of the old-age labor pension, provided for in paragraph 5 of Article 14 of this Federal Law, is established to last 12 years (144 months) and increases annually by 6 months (from January 1 of the corresponding year) until the age of 16 years (192 months), and then increases annually by one year (from January 1 of the corresponding year) until the age of 19 years (228 months).
2. For the persons specified in paragraph 1 of Article 27 and paragraph 1 of Article 28 of this Federal Law, the insurance part of the old-age labor pension is determined based on the expected period of payment of the old-age labor pension established in accordance with paragraph 1 of this article. Starting from January 1, 2013, this period is increased annually (from January 1 of the corresponding year) by one year, while the total number of years of such an increase cannot exceed the number of years missing in case of early assignment of a labor pension before the retirement age established by Article 7 of this Federal Law (for men and women, respectively).
3. When determining the size of the insurance part of the old-age labor pension in the manner provided for in paragraphs 6 and 7 of Article 14 of this Federal Law, starting from January 1, 2002, the expected period for payment of the old-age labor pension cannot be less than 10 years (120 months). Starting from January 1, 2009, the specified duration increases annually by 6 months (from January 1 of the corresponding year) until reaching 14 years (168 months).
The president
Russian Federation
V. Putin
The pension reform of 2015 is a kind of next step in the development of the pension system and the legislation that regulates it. However, now both analysts and ordinary citizens are increasingly faced with the question: was this step a step backward? Has the pension system gone in the right direction? Of course, there is no clear, and most importantly correct, answer to this question.
In order to understand the essence of this reform, it is necessary to analyze the legislation that regulated the pension system until 2015, and then evaluate how it was changed by the current new laws.
Legislation before reforming the pension system
Before the introduction of new laws (we will consider it as the most common in the Russian Federation) it was calculated and assigned in accordance with Federal Law of December 17, 2001 N 173-FZ. Based on this document, this can be defined as a monthly cash payment assigned to insured persons who lost their ability to work due to, or if they were such persons (breadwinners) and ceased to receive a livelihood due to their death.
When considering the pension system before 2015, one should take into account the fact that it was a single payment consisting of insurance and savings parts.
Law No. 173-FZ “On Labor Pensions in the Russian Federation”
As mentioned above, the main document until 2015 was the Federal Law “On labor pensions in the Russian Federation”. Everything related to payments and conditions under which the appointment took place was contained in it. To better understand the changes that the 2015 pension system reform brought, it is worth identifying the main points that are reflected in this document.
Types of labor pensions:
- - this type of pension payments is assigned to persons who have been established disability;
- - paid to disabled dependents of insured persons in the event of their death;
- - assigned to men and women aged 60 and 55 years, respectively, if they have at least 5 years of insurance experience.
It is also worth noting such a concept as the period during which the Pension Fund of the Russian Federation (PFR) was received.
An important factor was, among other things, the indexation of the size of the labor pension, the possibility of early access to it for certain categories of citizens, as well as the implementation of recalculation of the amount of payments if citizens had circumstances for this.
Until 2015, the main components of the formulas for calculating labor pensions were such values as: the basic amount, the amount of pension savings, the expected period of payments and the coefficient (insurance period in months/180 months).
New pension reform of 2015 in Russia
From 2013 to the end of 2014, the State Duma developed bills that were supposed to the third time(over the past 25 years) reform the system relating to labor pensions.
The main change that brought was abolition of labor pension as such: now, instead of its two component parts, two independent pensions have appeared, the calculation and assignment of which are regulated by two different laws - this and.
In addition, the new legislation has changed the formula by which the insurance pension is calculated - now it includes an individual pension coefficient (pension point or IPC), as well as its cost. It is these values that have been decisive since 2015 when calculating insurance pension benefits.
Changes in pension legislation
First of all, it’s worth looking at the real steps that the country’s leadership has already done in this area:
- raising the retirement age for civil servants;
- freezing pension savings;
- change of rules.
A clear answer to the question “How will the pension system develop?”, of course not. However, it is clear that the Ministry of Finance and the Ministry of Labor are lobbying for bills (which, according to experts, could be implemented as early as 2017), in fact, negating the advantages that could be found in the 2015 reform:
- termination of pension payments And ;
- once again planned change the procedure for forming a funded pension- Now the capital for it will have to be formed from conditionally voluntary contributions.
Conclusion
The 2015 reform can be viewed differently: some will see advantages in it, others will advocate for more complexity. However, the only thing that citizens can do in this situation is to become more savvy in the pension sector: read literature, follow the news, and finally, do not hesitate to seek advice from employees of pension departments.
To say with 100% certainty whether reforming the pension system was a step in the right direction, for now no one can- even among the people who introduced these laws for consideration in the chambers of parliament, disputes still rage as to whether society and the country really needed it.
Payments from pension savings are assigned and paid in the form of either a pension payment or.
The pension rights of citizens are formed in individual pension coefficients. All previously formed pension rights were converted without reduction into pension coefficients and are taken into account when assigning an insurance pension.
The conditions for the emergence of the right to an old-age insurance pension under general conditions are:
- reaching the age of 65 years - for men, 60 years - for women (taking into account the transitional provisions provided for in Appendix 6 to Law No. 400-FZ). Certain categories of citizens have the right to receive an old-age insurance pension early;
- for persons holding government positions in the Russian Federation and government positions in constituent entities of the Russian Federation held on a permanent basis, municipal positions held on a permanent basis, positions in the state civil service of the Russian Federation and municipal service positions - the age specified in Appendix 5 to Law No. 400-FZ . Already in 2017, the process of raising the retirement age for civil servants began six months a year to 65 years (men) and 63 years (women). From January 1, 2021, the step to increase the retirement age will increase - one year per year. Thus, the retirement age for civil servants is brought into line with the proposal for the rate of increase in the generally established age for everyone.
Moreover, if such persons have insurance experience of at least 42 and 37 years (men and women, respectively), an old-age insurance pension can be assigned to them 24 months before reaching the specified age, but not earlier than reaching the age of 60 and 55 years (men and women, respectively ).
- having at least an insurance period15 years (from 2024) taking into account the transitional provisions of Art. 35 of the Law of December 28, 2013 No. 400-FZ;
- availability of a minimum amount of pension coefficients -at least 30 (from 2025) taking into account the transitional provisions of Art. 35 of the Law of December 28, 2013 No. 400-FZ.
Citizens who are specified in Part 1 of Article 8, paragraphs 19 - 21 of Part 1 of Article 30, paragraph 6 of Part 1 of Article 32 of Law N 400-FZ "On Insurance Pensions" and who, in the period from January 1, 2019 to December 31, 2020, have achieved age giving the right to an old-age insurance pension (including its early assignment) in accordance with the legislation of the Russian Federation in force before January 1, 2019, or they will have acquired experience in the relevant types of work required for the early assignment of a pension, an old-age insurance pension may be appointed before reaching the age or the onset of the deadlines provided, respectively, by Appendices 6 and 7 to the said Federal Law, but no more than six months before reaching such an age or the onset of such deadlines.
The number of pension coefficients depends on accrued and paid insurance contributions to the compulsory pension insurance system and the length of insurance (work) experience.
For each year of a citizen’s labor activity, subject to the accrual of insurance contributions for compulsory pension insurance by employers or personally paid by him/her, he or she is formed pension rights in the form of pensions.
The maximum number of pension coefficients per year from 2021 is 10, in 2019 - 9.13.
How many pension coefficients
can be charged to you for 2019?
Enter your monthly amount
wages before personal income tax:
Error! Enter a salary higher than the minimum wage in the Russian Federation in 2019 - 11,280 rubles.
Calculation results
Number of pension points
per year: 7.83
The pension option in the compulsory pension insurance system affects the calculation of annual pension coefficients. When forming only an insurance pension, the maximum number of annual pension coefficients is 10, since all insurance contributions are directed towards the formation of an insurance pension. When choosing to form both an insurance and funded pension at the same time, the maximum number of annual pension coefficients is 6.25.
Citizens born in 1967 and younger who, before December 31, 2015, chose to form an insurance and funded pension in the compulsory pension system can at any time refuse to form a funded pension and direct 6% of insurance contributions to form only an insurance pension.
Also, citizens born in 1967 and younger, in whose favor insurance contributions for compulsory pension insurance will begin to be accrued by the employer for the first time after January 1, 2014, are given the opportunity to choose a pension provision option (form only an insurance pension or form both an insurance pension and a funded pension) within five years from the date of first accrual of insurance premiums. If a citizen has not reached the age of 23, the specified period is extended until the end of the year in which he turns 23.
When choosing a pension option, you should take into account that the insurance pension is guaranteed to be increased by the state through annual indexation. Funds from the funded pension are invested in the financial market by the citizen’s chosen NPF or management company. The profitability of pension savings depends on the results of their investment, that is, there may be a loss from their investment. In this case, only the amount of insurance premiums paid is guaranteed for payment. Pension savings are not indexed.
All citizens born in 1966 and older have a pension option - the formation of only an insurance pension.
Obtaining the right to an insurance pension depends on the year the insurance pension was assigned
|
Minimum insurance period |
Minimum amount of individual pension coefficients |
Maximum value of the annual individual pension coefficient |
||
|
in case of refusal to form a funded pension |
when forming a funded pension |
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|
2025 and later |
||||
*From 2015 to 2020, regardless of the choice of pension option in the compulsory pension system, all citizens will only have pension rights. In this regard, the maximum value of the annual individual pension coefficient is the same for any pension formation option.
The old-age insurance pension is calculated using the formula:
INSURANCE PENSION = THE SUM OF YOUR PENSION COEFFICIENTS* COST OF THE PENSION COEFFICIENT as of the date of pension + FIXED PAYMENT
SP = IPC * SIPC + FV , Where:
- JV - insurance pension
- IPC - this is the sum of all pension coefficients accrued on the date of assignment of an insurance pension to a citizen
- SIPC - the value of the pension coefficient on the date of assignment of the insurance pension.
When assigning a pension from 01/01/2019 = 87.24 rubles. Indexed annually by the state.
- FV - fixed payment.
Thus, the calculation of the insurance pension in 2019 is carried out according to the formula:
SP = IPK * 87.24 + 5334.19
Also, the amount of your pension coefficients (IPC) is significantly increased by applying for an old-age insurance pension for the first time (including ahead of schedule) after the right to it arises. For each year of later application for a pension, the insurance pension will increase by the corresponding premium coefficients.
For example, if you apply for a pension 5 years after reaching retirement age, the fixed payment will increase by 36%, and the sum of your individual pension coefficients will increase by 45%; and if after 10 years, then the fixed payment will increase by 2.11 times, and the sum of your individual pension coefficients by 2.32 times.
Federal Law No. 173-FZ of December 17, 2001 “On Labor Pensions in the Russian Federation” defines the standards that generate data on the calculation of pension amounts, both for old age and for benefits. Note that the main standards of this legislation are not used today, except for the tariff plan standards.
Federal Law of the Russian Federation dated December 28, 2013 N 400-FZ “On Insurance Pensions” contains a more significant amount of information that directly relates to the assignment of pensions. All the features of calculating old-age pensions are described in the eighth article of the current legislation.Peculiarities of calculating pensions under the old-age pension law
- The legislator determines that every person has the right to receive an old-age pension. It has been established that men can receive a pension at the age of 60. And women over 55 years old. That is, certain standards are being formed that determine at what age a person has the right to apply for a pension, and the state must begin accruing funds;
- An old-age pension can only be assigned if a person has worked for at least 15 years. That is, in other words, he has 15 years of insurance experience. Thus, the legislator indicates that there are also standards for length of service. If the length of service is less than the specified parameters, then the labor pension may not be calculated;
- An old-age insurance pension can be accrued only if the value of the individual pension coefficient is at least 30. That is, the parameter of deductions of insurance contributions for compulsory pension insurance is also of significant importance;
- It should be pointed out that the legislator establishes a whole structure for providing pensions on the basis of compulsory pension insurance. Also, there is such a thing as voluntary pension insurance, which almost every person can use at their own request. Thus, in the future, you can receive a more significant pension amount.
The importance of regulating the issue of pension provision
As you know, in a social state, there is a certain concern for pensioners. And the main element of this concern is the aspect of pension calculation and its payment after the established retirement age. To receive a pension, you must meet the above parameters. You also need to point out that you must provide a package of documents and collect them yourself. That is, before reaching retirement age, you need to visit government agencies dealing with the issue of their calculation, after which you will receive instructions for action and a list of necessary documents.
Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation” is currently applied only partially. Only standards are used...
All features of the formation and calculation of pensions are collected in the Federal Law of the Russian Federation dated December 28, 2013 N 400-FZ “On Insurance Pensions”. This document is currently...
Federal Law dated December 15, 2001 N 167-FZ “On compulsory pension insurance in the Russian Federation” provides for all the provisions of compulsory pension insurance....
Federal Law No. 173-FZ of December 17, 2001 “On Labor Pensions in the Russian Federation” includes provisions for pension reform. The law has already been adopted and everything has been included in it...
The grounds for the emergence and rules for exercising the rights of citizens to payments in connection with the loss of the ability to carry out professional activities are regulated by Federal Law No. 173 of December 17, 2001. Let us further consider some of the provisions of this regulatory act.
Key Concepts
In the text of the normative act "On labor pensions in the Russian Federation" the following terms are used:
Subjects of law
Normative act " About labor pensions in the Russian Federation" defines specific persons who have the opportunity to receive payments. The opportunity to receive can be used by:
- Citizens insured in accordance with the established procedure. In this case, the conditions stipulated by the regulations must be observed.
- Disabled relatives of the insured persons in the cases established by Art. 9 Federal Law No. 173.
- Foreigners and stateless persons permanently residing in the country. The exception is cases provided for in an international treaty or domestic legislation of the Russian Federation.
Payout selection
173-FZ (as amended) provides the following types of compensation:
- Due to old age.
- Due to disability.
- Due to the loss of a breadwinner.
The first two payments may contain savings, insurance and basic parts. Only the last two elements are included in the survivor's pension. The procedure for forming the accumulative element of payments for disability and old age is currently subject to adjustments. Subjects who for one reason or another are not entitled to receive a pension can count on social compensation. It is installed in a special order. The rules and conditions for the provision of social payments are regulated by the Federal Law “On State Pension Security”.
Financing
173-FZ (latest edition) determines that in the event of adjustments being made to the established procedure for assigning payments that require an increase in costs, specific sources and rules for compensating additional costs must be determined. In accordance with this, regulations are adopted to amend the provisions on the budget system. The formation of the savings component is carried out if there are sufficient funds accounted for in a special section of the personal (individual) account of the insured citizen.
Elements of experience
Law 173-FZ establishes that the calculation uses periods of working or other professional activities that were carried out on the territory of the country by citizens insured in the prescribed manner. At the same time, during these time periods, contributions to the Pension Fund must be made. Normative act " On labor pensions in the Russian Federation "(173-FZ) allows the inclusion in the length of service of periods of activity outside the country. This is permitted in cases provided for by regulations or international agreements, or if contributions to the Pension Fund were made for all relevant time periods.
Other periods
Law "On Labor Pensions" determines that, along with work or other activities performed on the territory of the country, the following are counted:
The specified periods will be counted as length of service if before or after them the subject carried out work or other professional activities defined in Art. 10 of the regulatory act under consideration. In this case, its duration will not matter.
Calculation
Normative act "On labor (173-FZ) establishes the procedure for determining the amount of the insurance portion of old-age payments. It is calculated by the formula:
SC = PC/T, in which:
- insurance part - SCh;
- the amount of the estimated capital of the insured citizen, taken into account on the date from which compensation is assigned to him - PC;
- the number of months of the expected payment period used to determine the size of the pension - T.
The latest figure is 228 months. (19 years). Additional normative act " On labor pensions in the Russian Federation" (173-FZ) establishes that the amount of the insurance part of old-age payments for citizens cannot be less than the average disability compensation if they have received it for at least 10 years. The calculation takes into account the amount established on the date when the deductions were stopped.
Payments to subjects traveling to another state for permanent residence
Normative act " On labor pensions in the Russian Federation" (173-FZ) allows payment, at the request of a citizen leaving the territory of the country, of the amount assigned to him in the prescribed manner, six months in advance. Additionally, several more possibilities are provided. In particular, a subject who leaves the country has the right to write a statement, according to which deductions will be made in the name of an authorized person located in Russia. In addition, a citizen leaving for another state for permanent residence can receive a payment to his account in a domestic or foreign bank. Deductions can be made both in rubles and in foreign currency. In the latter case, recalculation is carried out at the Central Bank exchange rate in effect on the date of the operation. Law "On Labor Pensions"“allows transfers abroad starting from the month that follows the period of departure to another country. But payments must be made no earlier than the day before which the pension in rubles was received.
The rules for transferring assigned amounts to citizens who have left or are going abroad for permanent residence are determined by the government of the Russian Federation. If subjects return back, payments not received during their stay in another country are deducted. However, citizens can receive a pension no more than 3 years preceding the date of contacting the authorized bodies with the corresponding application.
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