The legislative framework of the Russian Federation. Legislative framework of the Russian Federation On labor pensions in the Russian Federation
It does not work Edition from 03.06.2006
| Name document | FEDERAL LAW of 17.12.2001 N 173-FZ (as amended on 03.06.2006) "ON LABOR PENSIONS IN THE RUSSIAN FEDERATION" |
| Type of document | law |
| Host body | president of the russian federation, gd rf, sf rf |
| Document Number | 173-FZ |
| Date of adoption | 01.01.2002 |
| Date of revision | 03.06.2006 |
| Date of registration with the Ministry of Justice | 01.01.1970 |
| Status | It does not work |
| Publication |
|
| Navigator | Notes (edit) |
FEDERAL LAW of 17.12.2001 N 173-FZ (as amended on 03.06.2006) "ON LABOR PENSIONS IN THE RUSSIAN FEDERATION"
By this Federal Law in accordance with the Constitution Russian Federation and the Federal Law "On Compulsory Pension Insurance in the Russian Federation" establish the grounds for the emergence and procedure for the implementation of the right of citizens of the Russian Federation to labor pensions.
5. Relations connected with the provision of pensions to citizens at the expense of the budgets of the constituent entities of the Russian Federation, funds of local budgets and funds of organizations are regulated by regulatory legal acts of state authorities of the constituent entities of the Russian Federation, local government bodies and acts of organizations.
For the purposes of this Federal Law, the following basic concepts are applied:
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 a labor pension or were lost by disabled family members of the insured persons in connection with the death of these persons, the right to which is determined in accordance with the terms and conditions, established by this Federal Law;
insurance experience - the total duration of the periods of work and (or) other activities, during which insurance premiums were paid, taken into account when determining the right to a labor pension Pension Fund The Russian Federation, as well as other periods included in the insurance experience;
estimated pension capital - accounted for in the manner determined by the Government of the Russian Federation, total amount 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 of the insurance part of the labor pension;
establishment of a labor pension - the appointment of a labor pension, recalculation of its size, transfer from one type of pension to another;
individual personal account - a set of information about the insurance premiums received for the insured person and other information about the insured person, containing his identification signs 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 ) accounting in the compulsory pension insurance system ";
a special part of an individual personal account - a section of an individual personal account of an insured person in the system of individual (personified) accounting in the Pension Fund of the Russian Federation, which takes into account information about insurance contributions received for this person, directed to compulsory accumulative financing of labor pensions, income from their investment, and on payments made at the expense pension savings;
pension savings - a set of funds accounted for in a special part of an individual personal account, formed at the expense of received insurance contributions for compulsory accumulative 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.
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, subject to the conditions stipulated by this Federal Law.
Disabled family members of the 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, with the exception of cases established by federal law or an international treaty of the Russian Federation.
1. Citizens who have the right to the simultaneous receipt of various types of labor pensions, in accordance with this Federal Law, shall be established one pension of their choice.
2. In the cases provided for by the Federal Law "On State retirement benefits in the Russian Federation ", it is allowed to simultaneously receive a state pension, established in accordance with the specified Federal Law, and a labor pension (part of a labor pension), established in accordance with this Federal Law.
3. The application for the appointment of a labor pension (part of a labor pension) can be carried out at any time after the emergence of the right to a labor pension (part of a labor pension) without any time limit.
1. In accordance with this Federal Law, the following types of labor pensions are established:
1) old-age labor pension;
2) disability labor pension;
3) labor pension in the event of the loss of the breadwinner.
2. An old-age retirement pension and a disability retirement pension may consist of the following parts:
1) the base part;
2) the insurance part;
3) the funded part.
3. The survivor's labor pension consists of the following parts:
1) the base part;
2) the insurance part.
4. Citizens who, for whatever reason, do not have the right to a labor pension, are established social pension on the conditions and in the manner determined by the Federal Law "On State Pension Provision in the Russian Federation".
1. The procedure for financing the parts of labor pensions specified in clauses 2 and 3 of Article 5 of this Federal Law, as well as the procedure for accounting for funds on an individual personal account, are determined by the Federal Law "On Compulsory Pension Insurance in the Russian Federation".
2. When entered into this the federal law amendments and additions requiring an increase in expenses for the payment of labor pensions (parts of labor pensions), the corresponding federal law defines a specific source and procedure for financing additional expenses, and also federal laws on introducing the necessary amendments and additions to federal laws on the federal budget and the budget of the Pension Fund of the Russian Federation.
3. Establishment of the funded part of the labor pension is carried out in the presence of funds recorded in the special part of the individual personal account of the insured person.
Chapter II. Conditions for assigning labor pensions1. Men who have reached the age of 60 and women who have reached the age of 55 have the right to an old-age labor pension.
2. An old-age retirement pension is granted if you have at least five years insurance experience.
1. Labor pension for disability is established in the event of disability in the presence of a limitation of the ability to work III, II or I degree, determined for medical reasons.
2. The procedure for recognizing a citizen as a disabled person by the bodies of the State Medical and Social Expertise, the procedure for establishing the period of disability and the degree of limitation of the ability to work, the procedure for establishing the time of the onset of disability and the causal relationship between the disability or death of the breadwinner with the citizen committing a criminal offense or deliberately causing damage to them their health, which are established in court, are approved by the Government of the Russian Federation.
3. Labor pension for disability is established regardless of the reason for the disability (except for the cases provided for in paragraph 4 of this article), the duration of the insurance period of the insured person, the continuation of the disabled person's work, as well as whether the disability occurred during the period of work, before starting work or after stopping work.
4. If the disabled person has no insurance record, as well as in the event of disability due to the commission of a deliberate criminal act or deliberate 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. In the presence of pension savings accounted for in the special part of the individual personal account of the insured person recognized as a disabled person, accumulative part a labor disability pension is established for this insured person not earlier than reaching the age provided for by paragraph 1 of Article 7 of this Federal Law, and for disabled persons from childhood who have limited ability to work III and II degrees - regardless of age; to persons with pituitary dwarfism (lilliputians), disproportionate dwarfs and visually impaired persons with a III degree limitation of the ability to work - not earlier than they reach the age provided for in Article 28 of this Federal Law, respectively.
1. Disabled family members of the deceased breadwinner who were dependent on him / her have the right to a labor pension in the event of the loss of the breadwinner. One of the parents, spouse or other family members specified in subparagraph 2 of paragraph 2 of this article shall be assigned the said pension regardless of whether or not they were dependent on the deceased breadwinner. The family of the missing breadwinner is equated to the family of the deceased breadwinner, if the unknown absence of the breadwinner is certified in accordance with the established procedure.
2. Disabled members of the family of a deceased breadwinner are:
1) children, brothers, sisters and grandchildren of the deceased breadwinner under 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 exception educational institutions additional education, until they graduate from such training, but no longer than until they reach the age of 23 years or children, brothers, sisters and grandchildren of the deceased breadwinner older than this age, if before reaching the age of 18 they became disabled with limited ability to work. In this case, the 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 the brother, sister or child of the deceased breadwinner who have reached the age of 18, if they are caring for the children, brothers, sisters or grandchildren of the deceased breadwinner, not have reached the age of 14 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) the parents and spouse of the deceased breadwinner, if they have reached the age of 60 and 55 (respectively, men and women) or are disabled with limited ability to work;
4) the grandfather and grandmother of the deceased breadwinner, if they have reached the age of 60 and 55 years (respectively, men and women) or are disabled 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. The family members of the deceased breadwinner are recognized as dependent on him if they were on his full content or received help from him, which was for them a constant and main source of livelihood.
4. The dependence of the children of deceased parents is assumed and does not require proof, with the exception of the indicated children who are declared fully capable in accordance with the legislation of the Russian Federation or have reached the age of 18 years.
5. The disabled parents and the spouse of the deceased breadwinner who were not dependent on him are entitled to a labor pension in the event of the loss of the 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 any kind of pension, have the right to transfer to a labor pension in the event of the loss of the breadwinner.
7. The labor pension in the event of the loss of the breadwinner-spouse shall be retained upon entering into a new marriage.
8. Adopters have the right to a retirement 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 are entitled to a survivor's retirement pension retain this right upon adoption.
9. A stepfather and stepmother shall have the right to a survivor's pension on an equal basis with a father and a mother, provided that they have raised and supported the deceased stepson or stepdaughter for at least five years. The stepson and stepdaughter have the right to a labor pension in the event of the loss of the breadwinner, on an equal basis with their own children, if they were in the upbringing and maintenance of the 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 length of the breadwinner's insurance period, as well as the cause and time of his death, with the exception of 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 due to the commission of a deliberate criminal offense or deliberate 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 the law "On State Pension Provision in the Russian Federation". In this case, paragraph 12 of this article applies.
12. In the event that the death of the insured person occurred before the assignment of the funded part of the retirement pension for old age 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 accordance with the established procedure to persons, specified in Clause 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 determine 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 can be made, and also to establish in which shares should be distributed among them the above funds. In the absence of this application, the funds accounted for 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 experience1. The length of service includes periods of work and (or) other activities that were performed on the territory of the Russian Federation by persons specified in part one of Article 3 of this Federal Law, provided that insurance contributions were paid to the Pension Fund of the Russian Federation for these periods.
: The third paragraph of clause 7 and clause 1 of Article 10 of the Federal Law "On Labor Pensions in the Russian Federation" were recognized as inconsistent with the Constitution of the Russian Federation, its Articles 19 (part i), 39 (part i), 45 (part 1) and 55 (part 3 ), to the extent that the regulatory provisions contained in them in conjunction with other legislative provisions governing the conditions for the appointment and size of labor pensions - in the absence of sufficient guarantees in the current regulation of the unimpeded implementation of the pension rights of insured persons who worked under an employment contract and fulfilled the stipulated by law, the conditions for acquiring the right to a labor pension, in the event of non-payment or incomplete payment by the insured (employer) of insurance premiums for certain periods of employment of these persons - allow such periods not to be included in their insurance length, taken into account when determining the right to a labor pension, and to be reduced when assignment (recalculation) of a labor pension, the amount of its insurance part - Post renewal The Constitutional Court RF dated 10.07.2007 N 9-P
2. Periods of work and (or) other activities that were performed by the persons specified in part one of Article 3 of this Federal Law outside the territory of the Russian Federation are included in the insurance experience in cases stipulated by the legislation of the Russian Federation or international treaties of the Russian Federation, or in in the event 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".
1. The insurance experience, along with the periods of work and (or) other activities, which are provided for in Article 10 of this Federal Law, include:
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 Provisions for Persons Who Did Military Service, Service in Internal Affairs Bodies, the State Fire Service, Institutions and Bodies of the Penitentiary System, and Their Families ";
2) the period of receiving benefits for state social insurance during the period of temporary incapacity for work;
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 relocation to another locality by the state employment service for employment;
6) the period of care carried out by an able-bodied person for a disabled person of group I, a disabled child or a person who has reached the age of 80 years.
2. The periods provided for by paragraph 1 of this article shall be counted in the insurance experience 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 ...
1. The calculation of the length of service required to acquire the right to a labor pension is made in a calendar manner. In case of coincidence in time of several periods provided for by Articles 10 and 11 of this Federal Law, when calculating the insurance experience, 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, the 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.
1. When calculating the insurance experience, the periods of work and (or) other activities that are provided for by Articles 10 and 11 of this Federal Law, prior to the registration of a citizen as an insured person in accordance with the Federal Law "On individual (personified) accounting in the compulsory pension insurance system" confirmed by documents issued in accordance with the established procedure by employers or relevant state (municipal) bodies.
2. When calculating the insurance experience, the periods of work and (or) other activities that are provided for by Articles 10 and 11 of this Federal Law, after the registration of a citizen as an insured person in accordance with the Federal Law "On individual (personified) accounting in the compulsory pension insurance system" are confirmed on the basis of individual (personified) accounting information.
3. When calculating the insurance experience, the periods of work on the territory of the Russian Federation provided for in Article 10 of this Federal Law, prior to the registration of a citizen as an insured person in accordance with the Federal Law "On individual (personified) accounting in the compulsory pension insurance system" may be established on the basis of indications two or more witnesses, if the documents on work have been lost due to a natural disaster (earthquake, flood, hurricane, fire, etc.) and it is impossible to restore them. In some cases, it is allowed to establish the length of service on the basis of the testimony of two or more witnesses in case of loss of documents and for other reasons (due to their careless storage, deliberate destruction and similar reasons) not through the fault of the employee.
4. The rules for calculating and confirming the insurance experience, including on the basis of testimony, are established in the manner determined by the Government of the Russian Federation.
Chapter IV. The size of labor pensions1. The size of the basic part of the old-age labor pension is set at 900 rubles per month.
2. For persons who have reached the age of 80 or are disabled with a III degree limitation of the ability to work, the size of the basic part of the old-age labor pension is set in the amount of 1,800 rubles per month.
3. For persons who are dependent on the disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the size of the base part of an old-age labor pension is established in the following amounts:
1) if there is one such family member - 1,200 rubles per month;
2) if there are two such family members - 1,500 rubles per month;
3) in the presence of three or more such family members - 1,800 rubles per month.
4. Persons who have reached the age of 80 or are disabled with a III degree limitation of the ability to work, who are dependent on the disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the size of the base part of the old-age labor pension is set in the following amounts:
1) if there is one such family member - 2,100 rubles per month;
2) in the presence of two such family members - 2,400 rubles per month;
3) in the presence of three or more such family members - 2,700 rubles per month.
4.1. The size of the basic part of the old-age labor pension for persons living in the districts Far north and equivalent localities, increases by the corresponding regional coefficient, established by the Government of the Russian Federation, depending on the area (locality) of residence, for the entire period of residence of these persons in the specified areas (areas).
When citizens leave the regions of the Far North and areas equated to them for a new place of residence, the size of the base part of the old-age labor pension is determined in accordance with paragraphs 1-4 of this article.
When citizens move to a new place of residence in other regions of the Far North and areas equated to them, in which other regional coefficients are established, the size of the base part of the old-age labor pension is determined taking into account the size of the regional coefficient for the new place of residence.
5. The amount of the insurance part of the old-age labor pension is determined by the formula:
SCh = PC / T, where
Midrange - insurance part old age labor pension;
PC - the amount of the estimated pension capital of the insured person, recorded as of the day from which the insurance part of the old-age labor pension is assigned to the specified person;
T is 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, which is 19 years (228 months).
The amount of the insurance part of the old-age labor pension of the insured persons who have been recipients of the insurance part of the labor disability pension for a total of at least 10 years, cannot be less than the amount of the insurance part of the labor disability pension, which was established for these persons as of the day from which the payment of the specified part of this pension was finally terminated.
6. When assigning the insurance part of an old-age labor pension at a later age than is provided for by paragraph 1 of Article 7 of this Federal Law, the expected period of payment of an old-age labor pension (paragraph 5 of this article) shall be reduced by one year for each full year that has elapsed since day of reaching the specified age. At the same time, 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 an old-age labor pension in accordance with Clauses 3 and 4 of Article 17 of this Federal Law, the expected period of payment of an old-age labor pension (Clauses 5 and 6 of this Article) shall be reduced by one year for each full year that has elapsed since the date of appointment the specified part 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).
Clause 8 - Abolished.
9. The amount of the funded part of the old-age labor pension is determined by the formula:
LF = PN / T, where
PN - the amount of the insured person's pension savings recorded in the special part of his individual personal account as of the day from which the funded part of the old-age labor pension is assigned to him;
T is the number of months of the expected period of payment of an old-age labor pension used to calculate the funded part of the said pension, determined in the manner prescribed by federal law.
10. In the event that an old-age labor pension is established, which includes the insurance part and (or) the funded part of the said 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 Clauses 3, 4 and 10 of Article 17 of this Federal Law, and when indexing the estimated pension capital provided for in Clause 8 of Article 30 of this Federal Law.
11. The size of the old-age labor pension is determined by the formula:
P = Warhead + MF + LF, where
P is the size of the old-age labor pension;
BC - the basic part of the old-age labor pension (paragraphs 1-4.1 of this article);
SCh - the insurance part of the old-age labor pension (paragraph 5 of this article);
LF - the funded part of the old-age labor pension (paragraph 9 of this article).
1. The size of the basic part of the labor disability pension, depending on the degree of restriction of the ability to work, is established in the following amounts:
1) for III degree - 1,800 rubles per month;
2) for the II degree - 900 rubles per month;
3) for I degree - 450 rubles per month.
2. For persons who are dependent on the disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the size of the base part of the labor disability pension is determined in the following amounts:
1) at grade III:
if there is one such family member - 2,100 rubles per month;
in the presence of two such family members - 2,400 rubles per month;
in the presence of three or more such family members - 2,700 rubles per month;
2) with II degree:
if there is one such family member - 1,200 rubles per month;
in the presence of two such family members - 1,500 rubles per month;
If there are three or more such family members - 1,800 rubles per month;
3) for I degree:
If there is one such family member - 750 rubles per month;
if there are two such family members - 1,050 rubles per month;
in the presence of three or more such family members - 1,350 rubles per month.
2.1. The size of the base part of the labor disability pension to persons living in the Far North and equivalent localities is increased by the corresponding regional coefficient established by the Government of the Russian Federation, depending on the region (locality) of residence, for the entire period of residence of these persons in the indicated areas (localities) ).
When citizens leave the regions of the Far North and areas equated to them for a new place of residence, the size of the base part of the labor disability pension is determined in accordance with paragraphs 1 and 2 of this article.
When citizens move to a new place of residence in other regions of the Far North and areas equated to them, in which other regional coefficients are established, the size of the basic part of the labor disability pension is determined taking into account the size of the regional coefficient for the new place of residence.
3. The amount of the insurance part of the disability labor pension is determined by the formula:
SCh = PK / (T x K), where
SCh - the insurance part of the labor pension;
PC - the amount of the estimated pension capital of the insured person, recorded as of the day from which the insurance part of the labor pension is assigned to him;
T is the number of months of the expected period of payment of an old-age labor pension (Clause 5 of Article 14 of this Federal Law);
K is the ratio of the standard duration of the insurance experience (in months) as of the specified date to 180 months. The standard duration of the insurance period until the 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 labor disability pension with the I degree of restriction of the ability to work cannot be less than 660 rubles per month.
5. The size of the funded part of the labor disability pension is determined by the formula:
LF = PN / T, where
NCH - the funded part of the labor pension;
PN - the sum of the pension savings of the insured person recorded in the special part of his individual personal account as of the day from which the accumulated part of the labor pension is assigned to the specified person;
T is the number of months of the expected period of payment of an old-age labor pension (Clause 9 of Article 14 of this Federal Law).
6. In the event of an indefinite establishment of the insurance part and (or) the funded part of the labor 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 said pension on the grounds provided for in paragraphs 3 and 10 Article 17 of this Federal Law, and indexation of the estimated pension capital provided for by Clause 8 of Article 30 of this Federal Law.
If the insurance part and (or) the funded part of the labor disability pension is established for a certain period (subparagraph 2 of paragraph 6 of Article 19 of this Federal Law) when recalculating the corresponding part of the said pension on the grounds provided for in paragraphs 3 and 10 of Article 17 of this Federal Law, and indexation of the calculated pension capital, provided for in Clause 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 said pension are established.
7. The size of the labor disability pension is determined by the formula:
P = Warhead + MF + LF, where
P is the size of the disability retirement pension;
BC - the basic part of the disability labor pension (paragraphs 1-2.1 of this article);
SCh - the insurance part of the disability labor pension (paragraph 3 of this article);
LF - the funded part of the labor disability pension (paragraph 5 of this article).
1. The size of the basic part of the labor pension in the event of the loss of the breadwinner is set 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 (full orphans) - 900 rubles per month (for each child);
to other disabled family members of the deceased breadwinner specified in paragraph 2 of Article 9 of this Federal Law - 450 rubles per month (for each family member).
(as amended by Federal Law of 14.02.2005 N 3-FZ)
1.1. The size of the basic part of the labor pension in the event of the loss of the breadwinner to persons living in the Far North and equivalent localities is increased by the corresponding regional coefficient established by the Government of the Russian Federation, depending on the region (locality) of residence, for the entire period of residence of these persons in the indicated areas (localities).
When citizens leave the regions of the Far North and areas equated to them for a new place of residence, the size of the base part of the labor pension in case of loss of the breadwinner is determined in accordance with paragraph 1 of this article.
When citizens move to a new place of residence in other regions of the Far North and areas equated to them, in which other regional coefficients are established, the size of the basic part of the labor pension in case of loss of the breadwinner is determined taking into account the size of the regional coefficient for the new place of residence.
2. The amount of the insurance part of the labor pension in the event of the loss of the breadwinner for each disabled family member is determined by the formula:
MF = PK / (T x K) / KN, where
SCh - the insurance part of the labor pension in the event of the loss of the breadwinner;
PC - the amount of the estimated pension capital of the deceased breadwinner, recorded as of the day of his death;
T is 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 experience (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 180 months;
КН - 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 for the loss of the breadwinner is assigned to the corresponding disabled family member.
If the survivor's labor pension is established in connection with the death of a person to whom the insurance part of the old-age labor pension or the insurance part of the labor disability pension was established on the day of death, the amount of the insurance part of the survivor's labor pension for each disabled member family is determined by the formula:
SCh = SChp / KN, where
SC - the amount of the insurance part of the labor pension in the event of the loss of the breadwinner;
NWP - the amount of the insurance part of the old-age labor pension or the disability labor pension, established for the deceased breadwinner as of the day of his death.
The amount of the insurance part of the survivor's labor pension cannot be less than the amount of the insurance part of the survivor's labor pension, which was originally assigned to other family members of the deceased breadwinner in connection with the death of the same breadwinner.
3. The size of the labor pension in the event of the loss of the breadwinner is determined by the formula:
P = warhead + midrange, where
P is the size of the retirement pension in the event of the loss of the breadwinner;
BC - the basic part of the labor pension in the event of the loss of the breadwinner (paragraphs 1-1.1 of this article);
SC - the insurance part of the labor pension in the event of the loss of the breadwinner (paragraph 2 of this article).
4. The size of the labor pension in the event of the loss of a breadwinner (paragraph 3 of this article) established for the persons specified in paragraph three of paragraph 1 of this article may not be less than 660 rubles per month.
(as amended by Federal Law of 14.02.2005 N 3-FZ)
5. When determining the size of the survivor's labor pension, which includes the amount of the insurance part of the said pension, the funds recorded in the individual personal account of the deceased breadwinner are debited from the said account and the account is closed.
6. In the case provided for in Clause 12 of Article 9 of this Federal Law, the said funds shall be paid to the persons indicated in the application of the insured person on the procedure for distributing funds accounted for in the special part of the individual personal account.
In the absence of the said application of the insured person, the payment is made to his relatives, which include his children, including adopted children, spouse, parents (adoptive parents), brothers, sisters, grandfathers, grandmothers and grandchildren, regardless of age and state of ability to work, in the following sequence:
1) first of all - to children, including adopted children, spouse and parents (adoptive parents);
2) in the second place - 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 stage have the right to receive funds accounted for in the special part of the individual personal account of the deceased breadwinner, only in the absence of relatives of the first stage.
If the insured person does not have the relatives specified in this clause, these funds are accounted for in the pension reserve. In this case, the special part of the individual personal account of the insured person is closed.
1. The size of the retirement pension is determined on the basis of the relevant data at the disposal of the body that carries out the pension provision, as of the day on which this body makes a decision on the appointment of the retirement pension, and in accordance with the regulatory legal acts in force on that day.
2. In cases when the pensioner reaches the age of 80, changes in the degree of restriction of the ability to work, the number of disabled family members or the category of recipients of the labor pension in the event of the loss of the breadwinner, the corresponding recalculation of the size of the basic parts of the old-age labor pension, the labor disability pension and the labor pension according to loss of breadwinner.
3. A person who has carried out work and (or) other activities that are provided for in Article 10 of this Federal Law, not less than 12 full months from the date of the appointment of the insurance part of the old-age labor pension or the insurance part of the labor disability pension, or from the day of the previous recalculation the amount of the specified part of the corresponding labor pension in accordance with this paragraph, upon his application, the amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension is recalculated.
The amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension is recalculated according to the formula:
SCh = SChp + PKp / (T x K), where
SC - the amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension;
CP - the established amount of the insurance part of the labor pension for old age or the insurance part of the labor pension for disability 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 is 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 size of the old-age labor pension, equal to 1, and for calculating the size of the labor disability pension - the ratio specified in Clause 3 of Article 15 of this Federal Law. In this case, the standard duration of the insurance period of a disabled person is taken into account as of the day from which the corresponding recalculation is made.
4. If the pensioner refuses to receive the insurance part of the old-age labor pension established for him (in full or in the part specified by him) for at least 12 full months from the date of the appointment of the insurance part of the old-age labor pension or from the day of the previous recalculation of the amount of this part of the specified pension, carried out in accordance with this paragraph, at his request, the amount of the insurance part of the old-age labor pension is recalculated. At the same time, the sums 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 recalculation of the amount of the insurance part of the old-age labor pension is carried out 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 the data of individual (personified) accounting in the compulsory pension insurance system, the information previously provided by the insured about 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 for calculating 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 retirement pension or recalculation of the amount of retirement pension falls, in accordance with paragraphs 3 and 4 of this article.
6. The size of the base part of the labor pension is indexed taking into account the growth rate of inflation within the funds provided for this purpose 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 sizes of the basic parts of the old-age labor pension, the disability labor pension and the survivor's labor pension provided for in Articles 14-16 of this Federal Law, along with the indexation carried out in accordance with this Article, may, in order to gradually approach the value living wage a pensioner shall be established by separate federal laws simultaneously with the adoption of the federal law on the federal budget for the corresponding financial year.
: Clauses 6 and 7 of Article 17 were applied until December 31, 2005 in the part that does not contradict Federal Law of February 14, 2005 N 3-FZ
7. The amount of the insurance part of the labor pension is indexed in the following order:
1) with an increase in prices 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 during the corresponding half-year indexation was not carried out in accordance with subparagraph 1 of this paragraph;
3) in the event of an increase in prices for the corresponding half-year by less than 6 percent - once a year from February 1, if during the year indexation was not carried out 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 (paragraph 6 of this article);
5) if the annual growth index of the average monthly wage 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 is made. pensions for the difference between the annual growth index of the average monthly wage in the Russian Federation and the specified coefficient. At the same time, an additional increase in the amount 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 income growth index of the Pension Fund of the Russian Federation per one pensioner, directed to the payment of the insurance part of labor pensions.
8. The annual growth index of the average monthly wage in the Russian Federation and the income growth index of the Pension Fund of the Russian Federation per one pensioner allocated to pay 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 investment of pension savings and changes in the expected period of payment of labor pension for old age (Clause 9 of Article 14 of this Federal Law).
10. For persons who have carried out work and (or) other activities, which are provided for in Article 10 of this Federal Law, after the appointment of the funded part of the retirement pension for old age, once every three years, the amount of the specified part of the retirement pension is recalculated, taking into account additional pension savings reflected in the special part of an individual personal account, for the period that has elapsed since the date of the appointment of the specified part of the specified pension, or from the day of the last recalculation of its amount, made in accordance with this paragraph.
The recalculation of the amount of the funded part of the labor pension is carried out according to the formula:
LF = LFp + PNp / T, where
NCH - the size of the funded part of the labor pension;
NPP - 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 sum of additional pension savings received by the Pension Fund of the Russian Federation and accounted for in the special part of the individual personal account for the period that has elapsed since the day of the appointment of the funded part of the labor pension, or since the day of the last recalculation of the amount of this part of the labor pension, made in accordance with this paragraph;
T is the number of months of the expected period of payment of an 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. Appointment, recalculation of amounts, payment and delivery of labor pensions1. The appointment, recalculation and payment of labor pensions, including the organization of their delivery, are carried out by the body providing pension provision in accordance with the Federal Law "On Compulsory Pension Insurance in the Russian Federation" at the place of residence of the person applying for the labor pension. When a pensioner changes his place of residence, the payment of the 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 accordance with the established procedure by the registration authorities.
2. The list of documents required to establish a labor pension, the rules for applying for the specified pension, its appointment 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, maintenance of pension documentation are established in the manner determined by the Government of the Russian Federation.
3. The body carrying out pension provision has the right to demand from individuals and legal entities the provision of documents necessary for the appointment, recalculation and payment of the labor pension, as well as to check, in appropriate cases, the validity of the issuance of these documents.
4. Payment of retirement pensions, including to working pensioners, is made in the established amount without any restrictions directly by the body providing pension provision, or by the federal postal service, credit or other organization at the request of the pensioner.
5. Delivery of the labor pension at 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 the pension, the federal postal organization, credit or other organization.
6. At the request of the pensioner, the labor pension can be paid by power of attorney issued in the manner prescribed by the legislation of the Russian Federation. Payment of the said pension under a power of attorney, the validity period of which exceeds one year, shall be made during the entire validity period of the power of attorney, subject to the annual confirmation by the pensioner of the fact of his 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 specified pension, on deductions from this pension and on the recovery of overpaid amounts of such a pension may be appealed to a higher pension body (in relation to the body that made the relevant decision) and (or ) to court.
1. Labor pension (part of the labor pension) shall be assigned from the day of applying 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 day the right to the specified pension (specified part of the labor pension).
2. The day of applying for a retirement pension (part of a retirement pension) is considered the day when the body carrying out retirement benefits receives a corresponding application with all necessary documents... If the specified application is sent by mail and at the same time all the necessary documents are attached to it, then the date indicated on the postmark of the federal postal organization at the place of departure of this application is considered the day of applying for a labor pension (part of a labor pension).
3. In the event that the data of individual (personified) accounting in the compulsory pension insurance system does not contain the information necessary for the appointment of a labor pension and (or) not all the necessary documents are attached to the application, the body carrying out the pension provides the person who applied for the labor pension , an explanation of what documents he must submit additionally. If such documents are submitted no later than three months from the date of receipt of the corresponding explanation, the day of applying for a labor pension (part of a labor pension) is considered the day of receipt of an application for the appointment of 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 departure of this application.
4. The labor pension (part of the labor pension) is assigned earlier than the day of applying for the labor pension (part of the labor pension), specified in paragraph 2 of this article, in the following cases:
1) old-age labor pension (part of old-age labor pension) - from the day following the day of dismissal from work, if the application for the specified pension (the specified part of the labor pension) followed no later than 30 days from the date of dismissal from work;
2) disability labor pension (part of disability labor pension) - from the day the person is recognized as disabled, if the application for the specified pension (the specified part of the labor pension) followed no later than 12 months from that day;
3) labor pension on the occasion of the loss of the breadwinner - from the date of the 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 the appointment of a labor pension (part of a labor pension), an application for a transfer to a labor pension or an application for a 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 with paragraph 3 of this article. In case of refusal to satisfy the specified application, the body providing pension provision, no later than five days after the adoption of the relevant decision, notifies the applicant about this, indicating the reason for the refusal and the procedure for appealing it, and at the same time returns all the 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) - indefinitely;
2) disability labor pension (part of the specified labor pension) - for the period during which the person concerned is recognized as disabled, including for an unlimited period;
3) labor pension in the event of the loss of a breadwinner - for the period during which the person concerned is considered incapable of work, including for an unlimited period.
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 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 for another or with another pension for 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 another pension.
1. Recalculation of the size of the labor pension (part of the labor pension) in accordance with Clauses 2-4 of Article 17 of this Federal Law, with the exception of the cases provided for in Clause 3 of this Article, shall be carried out:
from the 1st day of the month following the month in which circumstances occurred that entail the recalculation of the size of the labor pension downward;
from the 1st day of the month following the month in which the pensioner's application was accepted to recalculate the size of the labor pension (part of the labor pension) upward.
2. A pensioner's application for recalculation of the size of the labor pension (part of the labor pension) shall be accepted subject to the simultaneous submission of all documents necessary for such recalculation.
3. The recalculation of the size of the basic part of the old-age labor pension and the labor disability pension in connection with the change in the degree of restriction of the ability to work is carried out in the following order:
1) upon establishing a higher degree of restriction of the ability to work - from the date of the relevant decision by the body of the State Service of Medical and Social Expertise;
2) when establishing a lower degree of restriction of the ability to work - from the 1st day of the month following the month in which the previous degree of restriction of the ability to work was established.
The recalculation of the size of the basic part of the old-age labor pension in connection with the reaching of the age of 80 by the pensioner is carried out from the day the pensioner reaches the specified age.
4. A pensioner's application for recalculation of the size 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 appeal, and at the same time returns all the documents.
5. The recalculation of the amount of the funded part of the labor pension (paragraph 10 of Article 17 of this Federal Law) is carried out by the body providing pension provision, without requiring the relevant 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.
1. Payment of the labor pension (part of the labor pension) is suspended in the following cases:
1) if the established labor pension (part of the labor pension) has not been received for six consecutive months - 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 the disabled person fails to appear at the appointed time for re-examination at the body of the State Service of Medical and Social Expertise - for three months starting from the 1st day of the month following the month in which the specified period has expired. Upon the expiration of the indicated three months, the payment of this pension (part of this labor pension) shall be terminated in accordance with subparagraph 3 of paragraph 1 of Article 22 of this Federal Law.
2. Upon elimination of the circumstances specified in paragraph 1 of this article, the payment of the labor pension (part of the labor pension) shall be resumed in the same amount in which it was paid on the day of suspension of payment. 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 by Articles 17 and 20 of this Federal Law.
3. The resumption of the payment of the labor pension (part of the labor pension) is made from the 1st day of the month following the month in which the body carrying out the pension provision received the corresponding application for the renewal of the payment of the labor pension (part of the 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) not received by him for the entire time during which the payment of the specified pension (the specified part of the labor pension) was suspended.
4. In the event that a person undergoes re-examination in the body of the State Service of Medical and Social Expertise and confirmation of his disability before the expiration of the period established by subparagraph 2 of paragraph 1 of this article, the payment of the labor pension (part of the labor pension) for disability shall be resumed from the day from which this person again recognized as disabled.
5. In cases where a person misses the term for re-examination for a valid reason, determined by the body of the State Service of Medical and Social Expertise, and the establishment by the said body of disability with limited ability to work III, II or I degree for the past time, the payment of the labor pension (part of the labor pension) for disability is renewed from the day from which the person concerned is again recognized as disabled, regardless of the period that has elapsed since the suspension of the payment of the labor pension (part of the labor pension). If, during the re-examination, a different degree of restriction of the ability to work is established (higher or lower), then the payment of this pension (part of the labor pension) is renewed for the specified time according to the previous degree of restriction of the ability to work.
1. The payment of the labor pension (part of the labor pension) is terminated:
1) in the event of the death of a pensioner, as well as in the event of his being recognized as deceased or missing in the prescribed manner - from the 1st day of the month following the month in which the pensioner's death occurred or the decision to declare him deceased or the decision on recognition entered into force him missing;
2) upon the expiration of 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) if the pensioner loses the right to the labor pension (part of the labor pension) assigned to him (part of the labor pension) (when circumstances or documents are discovered that disprove the accuracy of the information provided in confirmation of the right to the said 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; employment (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 able to work.
2. Payment of the labor pension (part of the labor pension) is restored:
1) in case of cancellation of the decision on recognizing the pensioner as deceased or the decision on recognizing the pensioner as missing - from the 1st day of the month following the month in which the relevant decision entered into force;
2) at the request of the pensioner, in the event of the occurrence of new circumstances or proper confirmation of the 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 day the payment of the said pension (the indicated part of the labor pension) ceased, - from 1 the th day of the month following the month in which the pension provider received an application for the restoration of the payment of this pension (part of this pension) and all the necessary documents.
3. Termination or restoration of the 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 shall be made from the 1st day of the month following the month in which the body carrying out the pension provision received the corresponding a pensioner's application and all the necessary documents.
4. When the payment of the labor pension (part of the labor pension) is restored, the right to the labor pension (part of the 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.
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 carrying out pension provision, and which were not claimed by the pensioner in a timely manner, are paid to him for the past time, but not more than three years preceding the moment of applying for the accrued labor pension. The retirement pension (part of the retirement pension) not received by the pensioner in a timely manner due to the fault of the body carrying out the pension provision is paid to him for the past time without any time limit.
3. The accrued amounts of labor pension due to a 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 of the 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 indicated retirement pension amounts, the retirement pension amounts due to them are divided equally between them.
4. A pensioner is obliged to immediately notify the body providing pension provision of the occurrence of circumstances entailing a change in the size of the labor pension or the termination of its payment.
1. A person leaving for permanent residence outside the territory of the Russian Federation, before leaving at his request, shall be paid the amount of the labor pension (part of the labor pension) assigned to him in accordance with this Federal Law in rubles six months in advance.
2. On the basis of 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 (part of the labor pension) assigned to him / her may be paid in the territory of the Russian Federation in rubles by power of attorney or by crediting to his account in a bank or other credit institution or it 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 until which the pension is paid in rubles.
3. The procedure for the payment of labor pensions to persons leaving (departed) for permanent residence outside the territory of the Russian Federation shall be established by the Government of the Russian Federation.
4. When the persons specified in clauses 1 and 2 of this article return to the Russian Federation for permanent residence, the amounts of the labor pension (part of the labor pension) assigned to them, which they did not receive during their residence outside the territory of the Russian Federation, shall be paid for the past time, but not more than three years preceding the day of applying for the specified pension (part of the 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, for the accuracy of information provided for individual (personified) accounting in the compulsory pension insurance system.
2. In the event that the submission of false information or the untimely submission of information provided for in paragraph 4 of Article 23 of this Federal Law entailed an overspending 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 prescribed by the legislation of the Russian Federation.
3. In cases of non-fulfillment or improper fulfillment of the obligations specified in paragraph 1 of this article, and payments in connection with this excess amounts of labor pension, the employer and the pensioner shall reimburse pension authority making the payment of a labor pension, the damage caused in the manner prescribed by the legislation of the Russian Federation.
1. Deductions from labor pension are made on the basis of:
1) executive documents;
2) decisions of bodies carrying out pension provision on the collection of amounts of labor pensions overpaid to a pensioner in connection with violation of Clause 4 of Article 23 of this Federal Law;
3) court decisions on the collection of the amounts of labor pensions due to abuse by the pensioner, established in court.
2. Deductions are made in the amount calculated from the size of the established labor pension.
3. No more than 50 percent may be withheld, and in cases established by the legislation of the Russian Federation, no more than 70 percent of the labor pension. Deductions on the basis of decisions of the bodies carrying out pension provision are made in an amount not exceeding 20 percent of the labor pension.
4. In the event of termination of the payment of the labor pension until the full repayment of the debt on the overpaid amounts of the said pension, withheld on the basis of decisions of the bodies carrying out pension provision, the remaining debt shall be collected in court.
5. In the event that not all parts of the labor pension provided for by this Federal Law have been established for a person, deductions from the labor pension specified in this article shall be made from the established parts of this pension.
Chapter VI. The procedure for preserving and converting (transforming) previously acquired rights1. An old-age labor pension shall be 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 and women upon reaching the age of 45, if they have worked, respectively, for at least 10 years and 7 years 6 months in underground work, in work with harmful conditions labor and in hot shops and have insurance experience, respectively, at least 20 and 15 years.
In the event that these persons have worked at the listed jobs for at least half of the period established above and have the required length of insurance experience, a labor pension is assigned to them with a decrease in the age established by Article 7 of this Federal Law, by one year for each full year of such work - to men and women;
2) men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked in jobs with difficult working conditions, respectively, for at least 12 years, 6 months and 10 years and have an insurance record of at least 25 and 20 years, respectively.
In the event that these persons have worked at the listed jobs for at least half of the established period and have the required length of insurance experience, a labor pension is assigned to them with a decrease 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, if they have worked as tractor drivers in agriculture, other sectors of the economy, as well 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 textile industry at work with increased intensity and severity;
5) men upon reaching the age of 55, women upon reaching the age of 50, if they have worked, respectively, for at least 12 years 6 months and 10 years as workers of locomotive crews and workers of certain categories, directly organizing transportation and ensuring traffic safety in railway transport and the subway, as well as drivers of trucks directly in the technological process in mines, open pits, in mines or ore quarries for the export of coal, shale, ore, rock and have an insurance experience, respectively, at least 25 and 20 years;
6) men upon reaching the age of 55, women upon reaching the age of 50, if they have worked, respectively, for at least 12 years, 6 months and 10 years in expeditions, parties, detachments, on sites and in teams directly on field geological exploration, prospecting, topographic and geodetic, geophysical, hydrographic, hydrological, forest management and survey works and have insurance experience, respectively, at least 25 and 20 years;
7) men upon reaching the age of 55, women upon reaching the age of 50, if they have worked, respectively, for at least 12 years 6 months and 10 years as workers, foremen (including seniors) directly in logging and timber floating, including maintenance of mechanisms and equipment, and have insurance experience, respectively, at least 25 and 20 years;
8) men upon reaching the age of 55, women upon reaching the age of 50, if they have worked, respectively, for at least 20 and 15 years as machine operators (dockers-machine operators) of complex crews for loading and unloading operations in ports and have an insurance experience, respectively, at least 25 and 20 years old;
9) men upon reaching the age of 55, women upon reaching the age of 50, if they have worked, respectively, for at least 12 years 6 months and 10 years in the crew on ships of the sea, river fleet and the fleet of the fishing industry (with the exception of port vessels constantly working in water area of the port, service-auxiliary and crew vessels, suburban and intracity traffic vessels) and have an insurance experience, respectively, of at least 25 and 20 years;
10) men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked as drivers of buses, trolley buses, trams on regular city passenger routes, respectively, at least 20 and 15 years and have an insurance record of at least 25 and 20 years, respectively ;
11) persons directly employed full-time in underground and opencast mining (including the personnel of mine rescue units) for the extraction of coal, shale, ore and other minerals and in the construction of mines and mines, regardless of age, if they worked in these works not less than 25 years, and workers of leading professions - miners of a working face, tunnellers, jackers on jacks, hammers, operators of mining excavation machines, 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 sea fleet of the fishing industry in the work of catching, processing 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 in the flight crew civil aviation, and if leaving flight work for health reasons - to 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 and women upon reaching the age of 50, if they have worked at work on direct flight control of civil aviation aircraft, respectively, for at least 12 years 6 months and at least 10 years and have an insurance experience, respectively, at least 25 and 20 years;
15) men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked in the engineering and technical staff at work on direct servicing of civil aviation aircraft, respectively, at least 20 and 15 years and have an insurance experience in civil aviation, respectively 25 and 20 years old.
2. Lists of relevant jobs, industries, professions, positions and specialties and institutions, taking into account which the labor pension is assigned, provided for in paragraph 1 of this article, the rules for calculating the periods of work and the appointment of 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 shall apply if the insured person has 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 - on the day from which this pension is assigned. Persons who have worked in the relevant types of work for less than half of the required period, as well as those who have been accepted to perform these works after January 1, 2003, are assigned professional pensions regulated by the relevant federal law.
1. An old-age retirement pension shall be assigned before reaching the age established by Article 7 of this Federal Law to the following citizens:
1) women who have given birth to five or more children and raised them before they reach the age of 8 years, upon reaching the age of 50, if they have an insurance record of at least 15 years; one of the parents of children with disabilities from childhood, who raised them until they reach the age of 8 years: men upon reaching the age of 55, women upon reaching the age of 50, if they have an insurance record of at least 20 and 15 years, respectively; guardians of invalids from childhood or persons who were guardians of invalids from childhood, who brought them up until they reach the age of 8 years, are assigned an old-age labor pension with a decrease in the age provided for in Article 7 of this Federal Law, by one year for every one year and six months of guardianship, but for no more than five years in total, if they have an insurance experience of at least 20 and 15 years, respectively, men and women;
2) women who have given birth to two or more children, upon reaching the age of 50, if they have an insurance experience of at least 20 years and have worked at least 12 calendar years in the regions of the Far North, or at least 17 calendar years in areas equated to them;
3) persons with disabilities due to military trauma: men upon reaching the age of 55 and women upon reaching the age of 50, if they have an insurance record of at least 25 and 20 years, respectively;
4) visually impaired persons with a III degree limitation of the ability to work: men upon reaching the age of 50 and women upon reaching the age of 40, if they have an insurance record of at least 15 and 10 years, respectively;
5) citizens with pituitary dwarfism (lilliputians) and disproportionate dwarfs: men upon reaching the age of 45 and women upon reaching the age of 40, if they have an insurance record of at least 20 and 15 years, respectively;
6) men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked for at least 15 calendar years in the regions of the Far North or for at least 20 calendar years in equivalent areas and have an insurance record of at least 25 and 20 years, respectively ...
Citizens who worked both in the regions of the Far North and in localities equated to them, 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 considered nine months of work in the regions of the Far North.
Citizens who have worked in the Far North for at least 7 years and 6 months are assigned a retirement pension with a decrease in the age established by Article 7 of this Federal Law by four months for each full calendar year of work in these areas. When working in areas equated to the regions of the Far North, as well as in these localities and regions of the Far North, the provision of the second paragraph of this sub-clause applies;
7) persons who have worked for at least 15 years as rescuers in professional emergency rescue services, professional emergency rescue teams of the Ministry of the Russian Federation for civil defense, emergency situations and liquidation of the consequences of natural disasters and who participated in the liquidation of emergency situations, upon reaching the age of 40 or regardless of age;
8) men upon reaching the age of 55, women upon reaching the age of 50, if they were employed in work with convicts as workers and employees of institutions executing criminal punishments in the form of imprisonment, respectively, at least 15 and 10 years and have insurance experience respectively at least 25 and 20 years;
9) men and women upon reaching the age of 50, if they have worked for at least 25 years in the positions of the State Fire Service ( fire department, firefighting and emergency rescue services) of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of the Consequences of Natural Disasters;
10) persons who have been carrying out pedagogical 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 the health of the population in state and municipal health care institutions for at least 25 years in rural areas and urban-type settlements and 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 theater and entertainment organizations (depending on the nature of such activities) at least 15-30 years old and have reached the age of 50-55 years or regardless of age;
: Recognized as inconsistent with Articles (parts 1 and 2), (parts 1 and 2) and (parts 2 and 3) of the Constitution of the Russian Federation, the interrelated normative provisions of subparagraphs 10, 11, 12 of paragraph 1 of Article 28 and paragraphs 1 and 2 of Article 31 of this document, establishing for persons who have carried out pedagogical activities in institutions for children, medical and other activities to protect the health of the population in health care institutions or creative activities on stage in theaters and theater and entertainment organizations, as a condition for the appointment of an old-age labor pension, earlier achievement retirement age the implementation of this activity in the relevant state or municipal institutions, to the extent that in the system of the current legal regulation of pension provision, these provisions do not allow to count in the length of service giving the right to early assignment of an old-age labor pension to persons who were engaged in pedagogical activity in institutions for children , medical and other activities to protect the health of the population in health care institutions, creative activities on stage in theaters and theatrical and entertainment organizations, the periods of their implementation of this activity in institutions that are not state or municipal, which were included in the corresponding length of service by previous legislation, while that there is still no legislative regulation of the procedure for the preservation and implementation of pension rights already acquired by these persons as a result of long-term professional activity - Resolution of the Constitutional Court of the Russian Federation from 06/03/2004 N 11-P
13) men upon reaching the age of 50, women upon reaching the age of 45, permanently residing in the regions of the Far North and equivalent localities, who have worked, respectively, for at least 25 and 20 years as reindeer breeders, fishermen, hunters.
2. When assigning an old-age retirement 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, used in the appointment state pensions old age due to work in the Far North as of December 31, 2001.
3. Lists of relevant jobs, professions, positions, specialties and institutions (organizations), taking into account which the old-age labor pension is assigned in accordance with subparagraphs 7-13 of paragraph 1 of this article, the rules for calculating the periods of work (activity) and the appointment of the said pension, if necessary approved by the Government of the Russian Federation.
1. When determining the length of service in the regions of the Far North and equivalent localities for the early appointment of an old-age labor pension in connection with work in the above-mentioned districts and localities, a job that gives the right to an early assignment of an old-age labor pension in accordance with subparagraphs 1 - 10 of paragraph 1 of Article 27 and subparagraphs 7 - 9 of paragraph 1 of Article 28 of this Federal Law, in the manner determined by the Government of the Russian Federation.
2. Persons who have worked for at least 15 calendar years in the Far North or at least 20 calendar years in equivalent localities and who have the necessary old-age retirement pension for early appointment, provided for in subparagraphs 1-10 of paragraph 1 of Article 27 and subparagraphs 7-9 Clause 1 of Article 28 of this Federal Law, the length of insurance and length of service in the relevant types of work, the age established for the early appointment of the said pension shall be reduced by five years.
1. The amounts of labor pensions established prior to 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" shall be recalculated in accordance with this Federal Law.
2. When applying this Federal Law, the 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 shall be equal 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 shall be established in accordance with article 30 of this Federal Law.
4. If, when recalculating the size of the labor pension in accordance with the norms provided for by this Federal Law, the amount of the said pension does not reach the amount received by the pensioner on the day this Federal Law enters into force, the pensioner is paid a pension in the previous higher amount.
5. The indexation of the size of labor pensions provided for by this article is carried out in the manner determined by article 17 of this Federal Law.
1. In connection with the entry into force of this Federal Law, the pension rights of the insured persons are assessed as of January 1, 2002 by converting (transforming) them into the estimated pension capital according to the formula:
PC = (RP - warhead) x T, where
PC - the amount of the estimated pension capital;
RP - the estimated size of the labor pension, determined for the insured in accordance with paragraph 2 of this article;
BC - the size of the basic part of the labor pension as of January 1, 2002 (450 rubles per month);
T is the expected period of 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).
In the event that, 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 labor disability pension to them, the specified expected period of payment of an old-age labor pension shall be multiplied by the ratio of the standard duration of the disabled person's insurance experience (in months) as of January 1, 2002 by 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 length of service of at least 25 years, and for women with a total length of service of at least 20 years, according to the formula:
RP = SK x ZR / ZP x SZP, where
ZR is the average monthly earnings of the insured person for 2000-2001 according to the data of individual (personified) accounting in the compulsory pension insurance system or for any 60 consecutive months on the basis of documents issued in accordance with the established procedure by the relevant employers or state (municipal) bodies;
Salary - the average monthly wage in the Russian Federation for the same period;
NWP is the average monthly wage 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;
SK is the seniority coefficient, which for insured persons (with the exception of persons with disabilities with limited ability to work in I 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 clause, but not more than 0.20.
For these disabled persons, the seniority 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 the amount of not more than 1.2.
For persons residing in the Far North and equivalent areas (clause 2 of Article 28 of this Federal Law), in which regional coefficients to wages are established, the ratio of the insured person's average monthly earnings 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 residing in the indicated regions and localities in which a regional coefficient of up to 1.5 is set to the wages of employees;
not more than 1.7 - for persons residing in the indicated regions and localities in which a regional coefficient is set to the wages of workers in the amount of 1.5 to 1.8;
not more than 1.9 - for persons residing in the indicated regions and localities in which a regional coefficient is set to the wages of workers in the amount of 1.8 and above.
At the same time, if different regional coefficients to wages are established, the coefficient to wages is taken into account, which is in effect in a given region or locality for workers and employees of non-production sectors.
For the persons specified in paragraph one of subparagraph 6 of paragraph 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 Far North and to them localities.
Pension increases 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 charged to the estimated size of the labor pension of 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 value of the estimated pension capital with incomplete total work experience is determined based on the value of the 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 total total work experience and multiplied by the number of months actually available 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 up to January 1, 2002, taken into account in a calendar order, which includes:
1) periods of work as a worker, employee (including work for hire outside the territory of the Russian Federation), a 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 guards, special communications bodies or in a mine rescue unit, regardless of its nature; periods of self-employment, including in agriculture;
2) periods of creative activity of members of creative unions - writers, artists, composers, filmmakers, theater workers, as well as writers and artists who are not members of the respective 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 bodies, federal security service bodies, federal executive bodies the authorities in which military service is provided, the former state security bodies of the Russian Federation, as well as in the state security and internal affairs bodies of the former USSR (including during periods when these bodies were called differently), stay in partisan detachments during the civil war and great Patriotic War;
4) periods of temporary incapacity for work, which began during the period of work, and the period of stay on disability groups I and II, received as a result of an injury related to work, or an occupational disease;
5) the period of stay in places of confinement in excess of the period specified during the review of the case;
6) the periods of receiving unemployment benefits, participating in paid public works, moving to another locality from the employment service and employment.
5. Conversion (transformation) of pension rights into the estimated pension capital of the insured persons specified in Clause 1 of Article 27 and Subclauses 7-13 of Clause 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 seniority (available and full) experience in the relevant types of work (available and full).
For the purpose of assessing the pension rights of insured persons, work experience in the relevant types of work means the total duration of the periods of work until January 1, 2002, as defined in Clause 1 of Article 27 and Subclauses 7-13 of Clause 1 of Article 28 of this Federal Law. The period of staying on disability groups I and II, received as a result of an injury related to work, or an occupational disease, is equal to the work in which the specified injury or disease was received.
At the same time, in order to calculate the estimated pension capital to 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 until the age established by article 7 of this Federal Law (for men and women respectively).
6. For persons who, as of December 31, 2001, have established an old-age retirement pension, a disability retirement pension, a survivor's retirement pension or a seniority retirement pension in accordance with the Law of the Russian Federation "On State Pensions in the Russian Federation" , according to their choice, the amount of one pension established by him, taking into account increases and compensation payments due to the increase in the cost of living in the Russian Federation, with the application of the appropriate regional coefficient, with the exception of allowances for care and for disabled dependents, is taken as the estimated size of the labor pension.
If, at the choice of the 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 size of his average monthly earnings, from which the established pension is calculated, can be taken into account.
7. When appointing, 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 has not been opened, the estimated pension capital that was 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 the breadwinner to the relevant members of his family in accordance with paragraph 2 of Article 16 of this Federal Law.
8. Indexation of the calculated pension capital required to determine the insurance part of the labor pension is carried out in relation to the procedure provided for by paragraphs 7 and 8 of Article 17 of this Federal Law, for the entire period from January 1, 2002 until 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 pension provision, simultaneously with the appointment of a labor pension in accordance with this Federal Law, but no later than 1 Federal Law and stipulating the conditions and norms of pension provision, are applied in parts that do not contradict this Federal Law.
3. The conditions and norms for the establishment of pensions for cosmonauts and flight test personnel of civil aviation, provided for by regulatory legal acts, in force until the date of entry into force of this Federal Law, remain. The specified conditions and norms are also applied in assessing the pension rights of cosmonauts and flight test personnel of civil aviation in accordance with the norms of this Federal Law.
4. When the labor pensions are established before January 1, 2004, which are due in accordance with this Federal Law to persons with a limitation of the ability to work III, II and I degrees, I, II and III group disability.
1. When determining the amount 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 by paragraph 5 of Article 14 of this Federal Law shall be 12 years (144 months) and annually increase by 6 months (from January 1 of the corresponding year) until reaching 16 years of age (192 months), and then increases annually by one year (from January 1 of the corresponding year) until reaching 19 years of age (228 months).
2. For persons referred to in Clause 1 of Article 27 and Clause 1 of Article 28 of this Federal Law, the insurance part of an old-age labor pension is determined on the basis of the expected period of payment of an old-age labor pension established in accordance with Clause 1 of this Article. Starting from January 1, 2013, this period annually (from January 1 of the corresponding year) increases by one year, while the total number of years of such an increase cannot exceed the number of years missing when early appointment labor pension up to the retirement age established by Article 7 of this Federal Law (for men and women, respectively).
3. When determining the amount of the insurance part of an old-age labor pension in the manner prescribed by Clauses 6 and 7 of Article 14 of this Federal Law, starting from January 1, 2002, the expected period of payment of an old-age labor pension cannot be less than 10 years (120 months). Starting from January 1, 2009, the specified duration is increased annually by 6 months (from January 1 of the corresponding year) until it reaches 14 years (168 months).
The president
Russian Federation
V. PUTIN
Moscow Kremlin
The FEDERAL LAW of 17.12.2001 N 173-FZ (revised from 03.06.2006) "ON LABOR PENSIONS IN THE RUSSIAN FEDERATION" is presented on the Zakonbase website in the most recent edition. It is easy to comply with all legal requirements if you read the relevant sections, chapters and articles of this document for 2014. To search for the necessary legislative acts on a topic of interest, you should use the convenient navigation or advanced search.
On the website "Zakonbase" you will find the FEDERAL LAW of 17.12.2001 N 173-FZ (revised from 03.06.2006) "ON LABOR PENSIONS IN THE RUSSIAN FEDERATION" in a fresh and full version, which includes all changes and amendments. This guarantees the relevance and accuracy of the information.
At the same time, you can download the FEDERAL LAW of 17.12.2001 N 173-FZ (as amended on 03.06.2006) "ON LABOR PENSIONS IN THE RUSSIAN FEDERATION" can be completely free, both in full and in separate chapters.
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 the implementation of 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. Changes in the conditions and norms for establishing, as well as the procedure for payment of labor pensions are carried out only by introducing amendments and additions to this Federal Law.
2. If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Law, the rules of the international treaty of the Russian Federation shall apply.
3. In the 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 explanations 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 pensions at the expense of the federal budget are regulated by the Federal Law "On State Pension Provision in the Russian Federation" and the Law of the Russian Federation "On Pension Provisions for Persons Who Have Served Military Service, Service in Internal Affairs Bodies, Institutions and the bodies of the penitentiary system, and their families. "
5. Relations connected with the provision of pensions to citizens at the expense of the budgets of the constituent entities of the Russian Federation, funds of local budgets and funds of organizations are regulated by regulatory legal acts of state authorities of the constituent entities of the Russian Federation, local government bodies and acts of organizations.
Article 2. Basic concepts used in this Federal Law
For the purposes of this Federal Law, the following basic concepts are applied:
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 a labor pension or were lost by disabled family members of the insured persons in connection with the death of these persons, the right to which is determined in accordance with the terms and conditions, established by this Federal Law;
insurance experience - the total duration of the periods of work and (or) other activities during which insurance contributions were paid to the Pension Fund of the Russian Federation, taken into account when determining the right to a labor pension, as well as other periods included in the insurance experience;
estimated pension capital - recorded 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 the insurance part of the labor pension;
establishment of a labor pension - the appointment of a labor pension, recalculation of its size, transfer from one type of pension to another;
individual personal account - a set of information about the insurance premiums received for the insured person and other information about the insured person, containing his identification signs 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 ) accounting in the state pension insurance system ";
a special part of an individual personal account - a section of an individual personal account of an insured person in the system of individual (personified) accounting in the Pension Fund of the Russian Federation, which takes into account information about insurance contributions received for this person, directed to compulsory accumulative 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, formed at the expense of received insurance contributions for compulsory accumulative 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, subject to the conditions stipulated by this Federal Law.
Disabled family members of the 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, with the exception of 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 the simultaneous receipt of various types of labor pensions, in accordance with this Federal Law, shall be established one pension of their choice.
2. In the cases provided for by the Federal Law "On State Pension Provision in the Russian Federation", it is allowed to simultaneously receive a state pension provision established in accordance with the specified Federal Law and a labor pension (part of a labor pension) established in accordance with this Federal law.
3. The application for the appointment of a labor pension (part of a labor pension) can be carried out at any time after the emergence of the right to a labor pension (part of a labor pension) 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) disability labor pension;
3) labor pension in the event of the loss of the breadwinner.
2. An old-age retirement pension and a disability retirement pension may consist of the following parts:
1) the base part;
2) the insurance part;
3) the funded part.
3. The survivor's labor pension consists of the following parts:
1) the base part;
2) the insurance part.
4. Citizens who, for whatever reason, do not have the right to a labor pension, are established a social pension on the conditions 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 the parts of labor pensions specified in clauses 2 and 3 of Article 5 of this Federal Law, as well as the procedure for accounting for funds on an individual personal account, are determined by the Federal Law "On Compulsory Pension Insurance in the Russian Federation".
2. When amendments and additions are made to this Federal Law requiring an increase in the costs of paying labor pensions (parts of labor pensions), the corresponding federal law determines the specific source and procedure for financing additional costs, and also federal laws on making the necessary changes are compulsorily adopted. and additions to federal laws on the federal budget and the budget of the Pension Fund of the Russian Federation.
3. Establishment of the funded part of the labor pension is carried out in the presence of funds recorded in the special part of the individual personal account of the insured person.
Chapter II. Conditions for assigning labor pensions
Article 7. Conditions for granting 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 labor pension.
2. An old-age retirement pension shall be granted if you have at least five years of insurance experience.
Article 8. Conditions for assigning a labor disability pension
1. Labor pension for disability is established in the event of disability in the presence of a limitation of the ability to work III, II or I degree, determined for medical reasons.
2. The procedure for recognizing a citizen as a disabled person by the bodies of the State Medical and Social Expertise, the procedure for establishing the period of disability and the degree of limitation of the ability to work, the procedure for establishing the time of the onset of disability and the causal relationship between the disability or death of the breadwinner with the citizen committing a criminal offense or deliberately causing damage to them their health, which are established in court, are approved by the Government of the Russian Federation.
3. Labor pension for disability is established regardless of the reason for the disability (except for the cases provided for in paragraph 4 of this article), the duration of the insurance period of the insured person, the continuation of the disabled person's work, as well as whether the disability occurred during the period of work, before starting work or after stopping work.
4. If the disabled person has no insurance record, as well as in the event of disability due to the commission of a deliberate criminal act or deliberate 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. In the presence of pension savings accounted for in the special part of the individual personal account of the insured person recognized as disabled, the funded part of the labor disability pension is established for this insured person not earlier than reaching the age provided for in paragraph 1 of Article 7 of this Federal Law, and for disabled persons since childhood, having a limitation of the ability to work III and II degrees - regardless of age; to persons with pituitary dwarfism (lilliputians), disproportionate dwarfs and visually impaired persons with a III degree limitation of 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 granting a labor pension in case of loss of breadwinner
1. Disabled family members of the deceased breadwinner who were dependent on him / her have the right to a labor pension in the event of the loss of the breadwinner. One of the parents, spouse or other family members specified in subparagraph 2 of paragraph 2 of this article shall be assigned the said pension regardless of whether or not they were dependent on the deceased breadwinner. The family of the missing breadwinner is equated to the family of the deceased breadwinner, if the unknown absence of the breadwinner is certified in accordance with the established procedure.
2. Disabled members of the family of a deceased breadwinner are:
1) children, brothers, sisters and grandchildren of the deceased breadwinner under 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 have completed such training, but no longer than until they reach the age of 23 years or children, brothers, sisters and grandchildren of the deceased breadwinner older than this age, if before reaching the age of 18 they have become disabled with a limited ability to labor activity. In this case, the 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 the brother, sister or child of the deceased breadwinner who have reached the age of 18, if they are caring for the children, brothers, sisters or grandchildren of the deceased breadwinner, not have reached the age of 14 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) the parents and spouse of the deceased breadwinner, if they have reached the age of 60 and 55 (respectively, men and women) or are disabled with limited ability to work;
4) the grandfather and grandmother of the deceased breadwinner, if they have reached the age of 60 and 55 years (respectively, men and women) or are disabled 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. The family members of the deceased breadwinner are recognized as dependent on him if they were fully supported by him or received help from him, which was for them a permanent and main source of livelihood.
4. The dependence of the children of deceased parents is assumed and does not require proof, with the exception of the indicated children who are declared fully capable in accordance with the legislation of the Russian Federation or have reached the age of 18 years.
5. The disabled parents and the spouse of the deceased breadwinner who were not dependent on him are entitled to a labor pension in the event of the loss of the 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 any kind of pension, have the right to transfer to a labor pension in the event of the loss of the breadwinner.
7. The labor pension in the event of the loss of the breadwinner-spouse shall be retained upon entering into a new marriage.
8. Adopters have the right to a retirement 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 are entitled to a survivor's retirement pension retain this right upon adoption.
9. A stepfather and stepmother shall have the right to a survivor's pension on an equal basis with a father and a mother, provided that they have raised and supported the deceased stepson or stepdaughter for at least five years. The stepson and stepdaughter have the right to a labor pension in the event of the loss of the breadwinner, on an equal basis with their own children, if they were in the upbringing and maintenance of the 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 length of the breadwinner's insurance period, as well as the cause and time of his death, with the exception of 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 due to the commission of a deliberate criminal offense or deliberate 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 the law "On State Pension Provision in the Russian Federation". In this case, paragraph 12 of this article applies.
12. In the event that the death of the insured person occurred before the assignment of the funded part of the retirement pension for old age 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 accordance with the established procedure to persons, specified in Clause 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 determine 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 can be made, and also to establish in which shares should be distributed among them the above funds. In the absence of this application, the funds accounted for 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 experience
1. The length of service includes periods of work and (or) other activities that were performed on the territory of the Russian Federation by persons specified in part one of Article 3 of this Federal Law, provided that insurance contributions were paid to the Pension Fund of the Russian Federation for these periods.
2. Periods of work and (or) other activities that were performed by the persons specified in part one of Article 3 of this Federal Law outside the territory of the Russian Federation are included in the insurance experience in cases stipulated by the legislation of the Russian Federation or international treaties of the Russian Federation, or in in the event 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 included in the insurance period
1. The insurance experience, along with the periods of work and (or) other activities, which are provided for in Article 10 of this Federal Law, include:
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 Provisions for Persons Who Have Served Military Service, Service in Internal Affairs Bodies, Institutions and Bodies of the Penitentiary System, and Their Families";
2) the period of receiving benefits for state social insurance during the period of temporary incapacity for work;
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 relocation to another locality by the state employment service for employment;
6) the period of care carried out by an able-bodied person for a disabled person of group I, a disabled child or a person who has reached the age of 80 years.
2. The periods provided for by paragraph 1 of this article shall be counted in the insurance experience 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 experience
1. The calculation of the length of service required to acquire the right to a labor pension is made in a calendar manner. In case of coincidence in time of several periods provided for by Articles 10 and 11 of this Federal Law, when calculating the insurance experience, 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, the 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 the insurance experience
1. When calculating the insurance experience, the periods of work and (or) other activities that are provided for by Articles 10 and 11 of this Federal Law, prior to the registration of a citizen as an insured person in accordance with the Federal Law "On Individual (Personified) Accounting in the State Pension Insurance System" confirmed by documents issued in accordance with the established procedure by employers or relevant state (municipal) bodies.
2. When calculating the insurance experience, the periods of work and (or) other activities that are provided for in Articles 10 and 11 of this Federal Law, after the registration of a citizen as an insured person in accordance with the Federal Law "On individual (personified) accounting in the state pension insurance system" are confirmed on the basis of individual (personified) accounting information.
3. When calculating the insurance experience, the periods of work on the territory of the Russian Federation, provided for in Article 10 of this Federal Law, prior to the registration of a citizen as an insured person in accordance with the Federal Law "On individual (personified) registration in the state pension insurance system" may be established on the basis of indications two or more witnesses, if the documents on work have been lost due to a natural disaster (earthquake, flood, hurricane, fire, etc.) and it is impossible to restore them. In some cases, it is allowed to establish the length of service on the basis of the testimony of two or more witnesses in case of loss of documents and for other reasons (due to their careless storage, deliberate destruction and similar reasons) not through the fault of the employee.
4. The rules for calculating and confirming the insurance experience, including on the basis of testimony, are established in the manner determined by the Government of the Russian Federation.
Chapter IV. The size of labor pensions
Article 14. Sizes of old-age labor pensions
1. The size of the basic part of the old-age labor pension is set in the amount of 450 rubles per month.
2. For persons who have reached the age of 80 or are disabled with a III degree limitation of the ability to work, the size of the basic part of the old-age labor pension is set in the amount of 900 rubles per month.
3. For persons who are dependent on the disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the size of the base part of an old-age labor pension is established in the following amounts:
1) if there is one such family member - 600 rubles per month;
2) in the presence of two such family members - 750 rubles per month;
3) in the presence of three or more such family members - 900 rubles per month.
4. Persons who have reached the age of 80 or are disabled with a III degree limitation of the ability to work, who are dependent on the disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the size of the base part of the old-age labor pension is set in the following amounts:
1) if there is one such family member - 1,050 rubles per month;
2) in the presence of two such family members - 1200 rubles per month;
3) in the presence of three or more such family members - 1,350 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, recorded as of the day from which the insurance part of the old-age labor pension is assigned to the specified person;
T is 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, which is 19 years (228 months).
The amount of the insurance part of the old-age labor pension of the insured persons who have been recipients of the insurance part of the labor disability pension for a total of at least 10 years, cannot be less than the amount of the insurance part of the labor disability pension, which was established for these persons as of the day from which the payment of the specified part of this pension was finally terminated.
6. When assigning the insurance part of an old-age labor pension at a later age than is provided for by paragraph 1 of Article 7 of this Federal Law, the expected period of payment of an old-age labor pension (paragraph 5 of this article) shall be reduced by one year for each full year that has elapsed since day of reaching the specified age. At the same time, 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 an old-age labor pension in accordance with Clauses 3 and 4 of Article 17 of this Federal Law, the expected period of payment of an old-age labor pension (Clauses 5 and 6 of this Article) shall be reduced by one year for each full year that has elapsed since the date of appointment the specified part 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 sum of the base part and the insurance part of the old-age labor pension may not be less than 660 rubles per month.
9. The amount of the funded part of the old-age labor pension is determined by the formula:
LF = PN / T, where
PN - the amount of the insured person's pension savings recorded in the special part of his individual personal account as of the day from which the funded part of the old-age labor pension is assigned to him;
T is the number of months of the expected period of payment of an old-age labor pension used to calculate the funded part of the said pension, determined in the manner prescribed by federal law.
10. In the event that an old-age labor pension is established, which includes the insurance part and (or) the funded part of the said 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 Clauses 3, 4 and 10 of Article 17 of this Federal Law, and when indexing the estimated pension capital provided for in Clause 8 of Article 30 of this Federal Law.
11. The size of the old-age labor pension is determined by the formula:
P = Warhead + MF + LF, where
P is the size of the old-age labor pension;
BC - the basic part of the old-age labor pension (paragraphs 1-4 of this article);
SCh - the insurance part of the old-age labor pension (paragraph 5 of this article);
LF - the funded part of the old-age labor pension (paragraph 9 of this article).
Article 15. Amounts of labor disability pension
1. The size of the basic part of the labor disability pension, depending on the degree of restriction of the ability to work, is established in the following amounts:
1) with III degree - 900 rubles per month;
2) for the II degree - 450 rubles per month;
3) for I degree - 225 rubles per month.
2. For persons who are dependent on the disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the size of the base part of the labor disability pension is determined in the following amounts:
1) at grade III:
if there is one such family member - 1,050 rubles per month;
in the presence of two such family members - 1200 rubles per month;
in the presence of three or more such family members - 1350 rubles per month;
2) with II degree:
if there is one such family member - 600 rubles per month;
in the presence of two such family members - 750 rubles per month;
in the presence of three or more such family members - 900 rubles per month;
3) for I degree:
if there is one such family member - 375 rubles per month;
in the presence of two such family members - 525 rubles per month;
in the presence of three or more such family members - 675 rubles per month.
3. The amount of the insurance part of the disability labor pension is determined by the formula:
SCh = PK / (T x K), where
SCh - the insurance part of the labor pension;
PC - the amount of the estimated pension capital of the insured person, recorded as of the day from which the insurance part of the labor pension is assigned to him;
T is the number of months of the expected period of payment of an old-age labor pension (Clause 5 of Article 14 of this Federal Law);
K is the ratio of the standard duration of the insurance experience (in months) as of the specified date to 180 months. The standard duration of the insurance period until the 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 sum of the basic part and the insurance part of the labor disability pension may not be less than 660 rubles per month.
5. The size of the funded part of the labor disability pension is determined by the formula:
LF = PN / T, where
NCH - the funded part of the labor pension;
PN - the sum of the pension savings of the insured person recorded in the special part of his individual personal account as of the day from which the accumulated part of the labor pension is assigned to the specified person;
T is the number of months of the expected period of payment of an old-age labor pension (Clause 9 of Article 14 of this Federal Law).
6. In the event of an indefinite establishment of the insurance part and (or) the funded part of the labor 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 said pension on the grounds provided for in paragraphs 3 and 10 Article 17 of this Federal Law, and indexation of the estimated pension capital provided for by Clause 8 of Article 30 of this Federal Law.
If the insurance part and (or) the funded part of the labor disability pension is established for a certain period (subparagraph 2 of paragraph 6 of Article 19 of this Federal Law) when recalculating the corresponding part of the said pension on the grounds provided for in paragraphs 3 and 10 of Article 17 of this Federal Law, and indexation of the calculated pension capital, provided for in Clause 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 said pension are established.
7. The size of the labor disability pension is determined by the formula:
P = Warhead + MF + LF, where
P is the size of the disability retirement pension;
BC - the basic part of the labor disability pension (paragraphs 1 - 2 of this article);
SCh - the insurance part of the disability labor pension (paragraph 3 of this article);
LF - the funded part of the labor disability pension (paragraph 5 of this article).
Article 16. Amounts of labor pensions in case of loss of breadwinner
1. The size of the basic part of the labor pension in the event of the loss of the breadwinner is set 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 (full orphans) - 450 rubles per month (for each child);
to 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 the breadwinner for each disabled family member is determined by the formula:
MF = PK / (T x K) / KN, where
SCh - the insurance part of the labor pension in the event of the loss of the breadwinner;
PC - the amount of the estimated pension capital of the deceased breadwinner, recorded as of the day of his death;
T is 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 experience (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 180 months;
КН - 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 for the loss of the breadwinner is assigned to the corresponding disabled family member.
If the survivor's labor pension is established in connection with the death of a person to whom the insurance part of the old-age labor pension or the insurance part of the labor disability pension was established on the day of death, the amount of the insurance part of the survivor's labor pension for each disabled member family is determined by the formula:
SCh = SChp / KN, where
SC - the amount of the insurance part of the labor pension in the event of the loss of the breadwinner;
NWP - the amount of the insurance part of the old-age labor pension or the disability labor pension, established for the deceased breadwinner as of the day of his death.
The amount of the insurance part of the survivor's labor pension cannot be less than the amount of the insurance part of the survivor's labor pension, which was originally assigned to other family members of the deceased breadwinner in connection with the death of the same breadwinner.
3. The size of the labor pension in the event of the loss of the breadwinner is determined by the formula:
P = warhead + midrange, where
P is the size of the retirement pension in the event of the loss of the breadwinner;
BC - the basic part of the labor pension in the event of the loss of the breadwinner (paragraph 1 of this article);
SC - the insurance part of the labor pension in the event of the loss of the breadwinner (paragraph 2 of this article).
4. The size of the labor pension in the event of the loss of the breadwinner (paragraph 3 of this article) may not be less than 660 rubles per month.
5. When determining the size of the survivor's labor pension, which includes the amount of the insurance part of the said pension, the funds recorded in the individual personal account of the deceased breadwinner are debited from the said account and the account is closed.
6. In the case provided for in Clause 12 of Article 9 of this Federal Law, the said funds shall be paid to the persons indicated in the application of the insured person on the procedure for distributing funds accounted for in the special part of the individual personal account.
In the absence of the said application of the insured person, the payment is made to his relatives, which include his children, including adopted children, spouse, parents (adoptive parents), brothers, sisters, grandfathers, grandmothers and grandchildren, regardless of age and state of ability to work, in the following sequence:
1) first of all - to children, including adopted children, spouse and parents (adoptive parents);
2) in the second place - 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 stage have the right to receive funds accounted for in the special part of the individual personal account of the deceased breadwinner, only in the absence of relatives of the first stage.
If the insured person does not have the relatives specified in this clause, these funds are accounted for in the pension reserve. In this case, the 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 size of the retirement pension is determined on the basis of the relevant data at the disposal of the body that carries out the pension provision, as of the day on which this body makes a decision on the appointment of the retirement pension, and in accordance with the regulatory legal acts in force on that day.
2. In cases when the pensioner reaches the age of 80, changes in the degree of restriction of the ability to work, the number of disabled family members or the category of recipients of the labor pension in the event of the loss of the breadwinner, the corresponding recalculation of the size of the basic parts of the old-age labor pension, the labor disability pension and the labor pension according to loss of breadwinner.
3. A person who has carried out work and (or) other activities that are provided for in Article 10 of this Federal Law, not less than 12 full months from the date of the appointment of the insurance part of the old-age labor pension or the insurance part of the labor disability pension, or from the day of the previous recalculation the amount of the specified part of the corresponding labor pension in accordance with this paragraph, upon his application, the amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension is recalculated.
The amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension is recalculated according to the formula:
SCh = SChp + PKp / (T x K), where
SC - the amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension;
CP - the established amount of the insurance part of the labor pension for old age or the insurance part of the labor pension for disability 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 is 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 size of the old-age labor pension, equal to 1, and for calculating the size of the labor disability pension - the ratio specified in Clause 3 of Article 15 of this Federal Law. In this case, the standard duration of the insurance period of a disabled person is taken into account as of the day from which the corresponding recalculation is made.
4. If the pensioner refuses to receive the insurance part of the old-age labor pension established for him (in full or in the part specified by him) for at least 12 full months from the date of the appointment of the insurance part of the old-age labor pension or from the day of the previous recalculation of the amount of this part of the specified pension, carried out in accordance with this paragraph, at his request, the amount of the insurance part of the old-age labor pension is recalculated. At the same time, the sums 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 recalculation of the amount of the insurance part of the old-age labor pension is carried out 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 the data of individual (personified) accounting in the state pension insurance system previously provided by the insured about 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 for calculating 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 retirement pension or recalculation of the amount of retirement pension falls, in accordance with paragraphs 3 and 4 of this article.
6. The size of the base part of the labor pension is indexed taking into account the growth rate of inflation within the funds provided for this purpose 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 sizes of the basic parts of the old-age labor pension, the disability labor pension and the survivor's labor pension provided for in Articles 14-16 of this Federal Law, along with the indexation carried out in accordance with this Article, may, in order to gradually approach the minimum subsistence level of a pensioner be 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) with an increase in prices 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 during the corresponding half-year indexation was not carried out in accordance with subparagraph 1 of this paragraph;
3) in the event of an increase in prices for the corresponding half-year by less than 6 percent - once a year from February 1, if during the year indexation was not carried out 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 (paragraph 6 of this article);
5) if the annual growth index of the average monthly wage 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 is made. pensions for the difference between the annual growth index of the average monthly wage in the Russian Federation and the specified coefficient. At the same time, an additional increase in the amount 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 income growth index of the Pension Fund of the Russian Federation per one pensioner, directed to the payment of the insurance part of labor pensions.
8. The annual growth index of the average monthly wage in the Russian Federation and the income growth index of the Pension Fund of the Russian Federation per one pensioner allocated to pay 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 investment of pension savings and changes in the expected period of payment of labor pension for old age (Clause 9 of Article 14 of this Federal Law).
10. For persons who have carried out work and (or) other activities, which are provided for in Article 10 of this Federal Law, after the appointment of the funded part of the retirement pension for old age, once every three years, the amount of the specified part of the retirement pension is recalculated, taking into account additional pension savings reflected in the special part of an individual personal account, for the period that has elapsed since the date of the appointment of the specified part of the specified pension, or from the day of the last recalculation of its amount, made in accordance with this paragraph.
The recalculation of the amount of the funded part of the labor pension is carried out according to the formula:
LF = LFp + PNp / T, where
NCH - the size of the funded part of the labor pension;
NPP - 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 sum of additional pension savings received by the Pension Fund of the Russian Federation and accounted for in the special part of the individual personal account for the period that has elapsed since the day of the appointment of the funded part of the labor pension, or since the day of the last recalculation of the amount of this part of the labor pension, made in accordance with this paragraph;
T is the number of months of the expected period of payment of an 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. Appointment, recalculation of amounts, payment and delivery of labor pensions
Article 18. The procedure for assigning, recalculating the amount, payment and delivery of labor pensions
1. The appointment, recalculation and payment of labor pensions, including the organization of their delivery, are carried out by the body providing pension provision in accordance with the Federal Law "On Compulsory Pension Insurance in the Russian Federation" at the place of residence of the person applying for the labor pension. When a pensioner changes his place of residence, the payment of the 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 accordance with the established procedure by the registration authorities.
2. The list of documents required to establish a labor pension, the rules for applying for the specified pension, its appointment 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, maintenance of pension documentation are established in the manner determined by the Government of the Russian Federation.
3. The body carrying out pension provision has the right to demand from individuals and legal entities the provision of documents necessary for the appointment, recalculation and payment of the labor pension, as well as to check, in appropriate cases, the validity of the issuance of these documents.
4. Payment of retirement pensions, including to working pensioners, is made in the established amount without any restrictions directly by the body providing pension provision, or by the federal postal service, credit or other organization at the request of the pensioner.
5. Delivery of the labor pension at 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 the pension, the federal postal organization, credit or other organization.
6. At the request of the pensioner, the labor pension can be paid by power of attorney issued in the manner prescribed by the legislation of the Russian Federation. Payment of the said pension under a power of attorney, the validity period of which exceeds one year, shall be made during the entire validity period of the power of attorney, subject to the annual confirmation by the pensioner of the fact of his 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 specified pension, on deductions from this pension and on the recovery of overpaid amounts of such a pension may be appealed to a higher pension body (in relation to the body that made the relevant decision) and (or ) to court.
Article 19. Terms of assignment of retirement pension
1. Labor pension (part of the labor pension) shall be assigned from the day of applying 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 day the right to the specified pension (specified part of the labor pension).
2. The day of applying for a retirement pension (part of a retirement pension) is considered to be the day when the body carrying out retirement benefits receives the relevant application with all the necessary documents. If the specified application is sent by mail and at the same time all the necessary documents are attached to it, then the date indicated on the postmark of the federal postal organization at the place of departure of this application is considered the day of applying for a labor pension (part of a labor pension).
3. In the event that the data of individual (personified) accounting in the state pension insurance system does not contain the information necessary for the appointment of a labor pension and (or) not all the necessary documents are attached to the application, the body carrying out the pension provides the person who applied for the labor pension , an explanation of what documents he must submit additionally. If such documents are submitted no later than three months from the date of receipt of the corresponding explanation, the day of applying for a labor pension (part of a labor pension) is considered the day of receipt of an application for the appointment of 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 departure of this application.
4. The labor pension (part of the labor pension) is assigned earlier than the day of applying for the labor pension (part of the labor pension), specified in paragraph 2 of this article, in the following cases:
1) old-age labor pension (part of old-age labor pension) - from the day following the day of dismissal from work, if the application for the specified pension (the specified part of the labor pension) followed no later than 30 days from the date of dismissal from work;
2) disability labor pension (part of disability labor pension) - from the day the person is recognized as disabled, if the application for the specified pension (the specified part of the labor pension) followed no later than 12 months from that day;
3) labor pension on the occasion of the loss of the breadwinner - from the date of the 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 the appointment of a labor pension (part of a labor pension), an application for a transfer to a labor pension or an application for a 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 with paragraph 3 of this article. In case of refusal to satisfy the specified application, the body providing pension provision, no later than five days after the adoption of the relevant decision, notifies the applicant about this, indicating the reason for the refusal and the procedure for appealing it, and at the same time returns all the 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) - indefinitely;
2) disability labor pension (part of the specified labor pension) - for the period during which the person concerned is recognized as disabled, including for an unlimited period;
3) labor pension in the event of the loss of a breadwinner - for the period during which the person concerned is considered incapable of work, including for an unlimited period.
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 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 for another or with another pension for 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 another pension.
Article 20. Terms of recalculation of the size of the labor pension
1. Recalculation of the size of the labor pension (part of the labor pension) in accordance with Clauses 2-4 of Article 17 of this Federal Law, with the exception of the cases provided for in Clause 3 of this Article, shall be carried out:
from the 1st day of the month following the month in which circumstances occurred that entail the recalculation of the size of the labor pension downward;
from the 1st day of the month following the month in which the pensioner's application was accepted to recalculate the size of the labor pension (part of the labor pension) upward.
2. A pensioner's application for recalculation of the size of the labor pension (part of the labor pension) shall be accepted subject to the simultaneous submission of all documents necessary for such recalculation.
3. The recalculation of the size of the basic part of the old-age labor pension and the labor disability pension in connection with the change in the degree of restriction of the ability to work is carried out in the following order:
1) upon establishing a higher degree of restriction of the ability to work - from the date of the relevant decision by the body of the State Service of Medical and Social Expertise;
2) when establishing a lower degree of restriction of the ability to work - from the 1st day of the month following the month in which the previous degree of restriction of the ability to work was established.
4. A pensioner's application for recalculation of the size 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 appeal, and at the same time returns all the documents.
5. The recalculation of the amount of the funded part of the labor pension (paragraph 10 of Article 17 of this Federal Law) is carried out by the body providing pension provision, without requiring the relevant 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 the labor pension (part of the labor pension) is suspended in the following cases:
1) if the established labor pension (part of the labor pension) has not been received for six consecutive months - 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 the disabled person fails to appear at the appointed time for re-examination at the body of the State Service of Medical and Social Expertise - for three months starting from the 1st day of the month following the month in which the specified period has expired. Upon the expiration of the indicated three months, the payment of this pension (part of this labor pension) shall be terminated in accordance with subparagraph 3 of paragraph 1 of Article 22 of this Federal Law.
2. Upon elimination of the circumstances specified in paragraph 1 of this article, the payment of the labor pension (part of the labor pension) shall be resumed in the same amount in which it was paid on the day of suspension of payment. 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 by Articles 17 and 20 of this Federal Law.
3. The resumption of the payment of the labor pension (part of the labor pension) is made from the 1st day of the month following the month in which the body carrying out the pension provision received the corresponding application for the renewal of the payment of the labor pension (part of the 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) not received by him for the entire time during which the payment of the specified pension (the specified part of the labor pension) was suspended.
4. In the event that a person undergoes re-examination in the body of the State Service of Medical and Social Expertise and confirmation of his disability before the expiration of the period established by subparagraph 2 of paragraph 1 of this article, the payment of the labor pension (part of the labor pension) for disability shall be resumed from the day from which this person again recognized as disabled.
5. In cases where a person misses the term for re-examination for a valid reason, determined by the body of the State Service of Medical and Social Expertise, and the establishment by the said body of disability with limited ability to work III, II or I degree for the past time, the payment of the labor pension (part of the labor pension) for disability is renewed from the day from which the person concerned is again recognized as disabled, regardless of the period that has elapsed since the suspension of the payment of the labor pension (part of the labor pension). If, during the re-examination, a different degree of restriction of the ability to work is established (higher or lower), then the payment of this pension (part of the labor pension) is renewed for the specified time according to the previous degree of restriction of the ability to work.
Article 22. Termination and restoration of payment of labor pension
1. The payment of the labor pension (part of the labor pension) is terminated:
1) in the event of the death of a pensioner, as well as in the event of his being recognized as deceased or missing in the prescribed manner - from the 1st day of the month following the month in which the pensioner's death occurred or the decision to declare him deceased or the decision on recognition entered into force him missing;
2) upon the expiration of 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) if the pensioner loses the right to the labor pension (part of the labor pension) assigned to him (part of the labor pension) (when circumstances or documents are discovered that disprove the accuracy of the information provided in confirmation of the right to the said 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; employment (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 able to work.
2. Payment of the labor pension (part of the labor pension) is restored:
1) in case of cancellation of the decision on recognizing the pensioner as deceased or the decision on recognizing the pensioner as missing - from the 1st day of the month following the month in which the relevant decision entered into force;
2) at the request of the pensioner, in the event of the occurrence of new circumstances or proper confirmation of the 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 day the payment of the said pension (the indicated part of the labor pension) ceased, - from 1 the th day of the month following the month in which the pension provider received an application for the restoration of the payment of this pension (part of this pension) and all the necessary documents.
3. Termination or restoration of the 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 shall be made from the 1st day of the month following the month in which the body carrying out the pension provision received the corresponding a pensioner's application and all the necessary documents.
4. When the payment of the labor pension (part of the labor pension) is restored, the right to the labor pension (part of the 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 carrying out pension provision, and which were not claimed by the pensioner in a timely manner, are paid to him for the past time, but not more than three years preceding the moment of applying for the accrued labor pension. The retirement pension (part of the retirement pension) not received by the pensioner in a timely manner due to the fault of the body carrying out the pension provision is paid to him for the past time without any time limit.
3. The accrued amounts of labor pension due to a 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 of the 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 indicated retirement pension amounts, the retirement pension amounts due to them are divided equally between them.
4. A pensioner is obliged to immediately notify the body providing pension provision of the occurrence of circumstances entailing a change in the size of the labor pension or the termination of its payment.
Article 24. Payment of labor pension 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, shall be paid the amount of the labor pension (part of the labor pension) assigned to him in accordance with this Federal Law in rubles six months in advance.
2. On the basis of 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 (part of the labor pension) assigned to him / her may be paid in the territory of the Russian Federation in rubles by power of attorney or by crediting to his account in a bank or other credit institution or it 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 until which the pension is paid in rubles.
3. The procedure for the payment of labor pensions to persons leaving (departed) for permanent residence outside the territory of the Russian Federation shall be established by the Government of the Russian Federation.
4. When the persons specified in clauses 1 and 2 of this article return to the Russian Federation for permanent residence, the amounts of the labor pension (part of the labor pension) assigned to them, which they did not receive during their residence outside the territory of the Russian Federation, shall be paid for the past time, but not more than three years preceding the day of applying for the specified pension (part of the labor pension).
Article 25. Responsibility for the accuracy of the information necessary for the establishment and payment of a labor pension
1. Individuals and legal entities are responsible for the accuracy of the information contained in the documents submitted by them for the establishment and payment of a labor pension, and employers, in addition, for the accuracy of information provided for individual (personified) accounting in the state pension insurance system.
2. In the event that the submission of false information or the untimely submission of information provided for in paragraph 4 of Article 23 of this Federal Law entailed an overspending 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 prescribed by the legislation of the Russian Federation.
3. In cases of non-fulfillment or improper fulfillment of the obligations specified in paragraph 1 of this article, and payments in connection with this of excessive amounts of labor pension, the employer and the pensioner shall reimburse the pension body that makes the payment of the labor pension for the damage caused in the manner prescribed by the legislation of the Russian Federation.
Article 26. Deductions from labor pension
1. Deductions from labor pension are made on the basis of:
1) executive documents;
2) decisions of bodies carrying out pension provision on the collection of amounts of labor pensions overpaid to a pensioner in connection with violation of Clause 4 of Article 23 of this Federal Law;
3) court decisions on the collection of the amounts of labor pensions due to abuse by the pensioner, established in court.
2. Deductions are made in the amount calculated from the size of the established labor pension.
3. No more than 50 percent may be withheld, and in cases established by the legislation of the Russian Federation, no more than 70 percent of the labor pension. Deductions on the basis of decisions of the bodies carrying out pension provision are made in an amount not exceeding 20 percent of the labor pension.
4. In the event of termination of the payment of the labor pension until the full repayment of the debt on the overpaid amounts of the said pension, withheld on the basis of decisions of the bodies carrying out pension provision, the remaining debt shall be collected in court.
5. In the event that not all parts of the labor pension provided for by this Federal Law have been established for a person, deductions from the labor pension specified in this article shall be 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 retirement pension
1. An old-age labor pension shall be 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 and women upon reaching the age of 45, if they have worked, respectively, at least 10 years and 7 years 6 months in underground work, in work with harmful working conditions and in hot shops and have an insurance experience, respectively, at least 20 and 15 years old.
In the event that these persons have worked at the listed jobs for at least half of the period established above and have the required length of insurance experience, a labor pension is assigned to them with a decrease in the age established by Article 7 of this Federal Law, by one year for each full year of such work - to men and women;
2) men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked in jobs with difficult working conditions, respectively, for at least 12 years, 6 months and 10 years and have an insurance record of at least 25 and 20 years, respectively.
In the event that these persons have worked at the listed jobs for at least half of the established period and have the required length of insurance experience, a labor pension is assigned to them with a decrease 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, if they have worked as tractor drivers in agriculture, other sectors of the economy, as well 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 at work with increased intensity and severity;
5) men upon reaching the age of 55, women upon reaching the age of 50, if they have worked, respectively, for at least 12 years 6 months and 10 years as workers of locomotive crews and workers of certain categories, directly organizing transportation and ensuring traffic safety in railway transport and the subway, as well as drivers of trucks directly in the technological process in mines, open pits, in mines or ore quarries for the export of coal, shale, ore, rock and have an insurance experience, respectively, at least 25 and 20 years;
6) men upon reaching the age of 55, women upon reaching the age of 50, if they have worked, respectively, for at least 12 years, 6 months and 10 years in expeditions, parties, detachments, on sites and in teams directly on field geological exploration, prospecting, topographic and geodetic, geophysical, hydrographic, hydrological, forest management and survey works and have insurance experience, respectively, at least 25 and 20 years;
7) men upon reaching the age of 55, women upon reaching the age of 50, if they have worked, respectively, for at least 12 years 6 months and 10 years as workers, foremen (including seniors) directly in logging and timber floating, including maintenance of mechanisms and equipment, and have insurance experience, respectively, at least 25 and 20 years;
8) men upon reaching the age of 55, women upon reaching the age of 50, if they have worked, respectively, for at least 20 and 15 years as machine operators (dockers-machine operators) of complex crews for loading and unloading operations in ports and have an insurance experience, respectively, at least 25 and 20 years old;
9) men upon reaching the age of 55, women upon reaching the age of 50, if they have worked, respectively, for at least 12 years 6 months and 10 years in the crew on ships of the sea, river fleet and the fleet of the fishing industry (with the exception of port vessels constantly working in water area of the port, service-auxiliary and crew vessels, suburban and intracity traffic vessels) and have an insurance experience, respectively, of at least 25 and 20 years;
10) men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked as drivers of buses, trolley buses, trams on regular city passenger routes, respectively, at least 20 and 15 years and have an insurance record of at least 25 and 20 years, respectively ;
11) persons directly employed full-time in underground and opencast mining (including the personnel of mine rescue units) for the extraction of coal, shale, ore and other minerals and in the construction of mines and mines, regardless of age, if they worked in these works not less than 25 years, and workers of leading professions - miners of a longwall, tunnellers, jackhammers, operators of mining excavation machines, if they have worked in such works for at least 20 years;
12) men and women who have worked, respectively, for at least 25 and 20 years on ships of the sea fleet of the fishing industry in the work of catching, processing 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 in civil aviation flight personnel, and if 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 and women upon reaching the age of 50, if they have worked at work on direct flight control of civil aviation aircraft, respectively, for at least 12 years 6 months and at least 10 years and have an insurance experience, respectively, at least 25 and 20 years;
15) men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked in the engineering and technical staff at work on direct servicing of civil aviation aircraft, respectively, at least 20 and 15 years and have an insurance experience in civil aviation, respectively 25 and 20 years old.
2. Lists of relevant jobs, industries, professions, positions and specialties and institutions, taking into account which the labor pension is assigned, provided for in paragraph 1 of this article, the rules for calculating the periods of work and the appointment of 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 shall apply if the insured person has 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 - on the day from which this pension is assigned. Persons who have worked in the relevant types of work for less than half of the required period, as well as those who have been accepted to perform these works after January 1, 2003, are assigned 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 retirement pension shall be 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 before they reach the age of 8 years, as well as mothers of disabled people from childhood, who raised them until they reach the age of 8 years, upon reaching the age of 50, if they have an insurance record of at least 15 years ;
2) women who have given birth to two or more children, upon reaching the age of 50, if they have an insurance experience 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) persons with disabilities due to military trauma: men upon reaching the age of 55 and women upon reaching the age of 50, if they have an insurance record of at least 25 and 20 years, respectively;
4) visually impaired persons with a III degree limitation of the ability to work: men upon reaching the age of 50 and women upon reaching the age of 40, if they have an insurance record of at least 15 and 10 years, respectively;
5) citizens with pituitary dwarfism (lilliputians) and disproportionate dwarfs: men upon reaching the age of 45 and women upon reaching the age of 40, if they have an insurance record of at least 20 and 15 years, respectively;
6) men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked for at least 15 calendar years in the regions of the Far North or for at least 20 calendar years in equivalent areas and have an insurance record of at least 25 and 20 years, respectively ...
Citizens who worked both in the regions of the Far North and in localities equated to them, 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 considered nine months of work in the regions of the Far North.
Citizens who have worked in the Far North for at least 7 years and 6 months are assigned a retirement pension with a decrease in the age established by Article 7 of this Federal Law by four months for each full calendar year of work in these areas. When working in areas equated to the regions of the Far North, as well as in these localities and regions of the Far North, the provision of the second paragraph of this sub-clause applies;
7) persons who have worked for at least 15 years as rescuers in professional emergency rescue services, professional emergency rescue teams of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of Consequences of Natural Disasters and who participated in emergency response, upon reaching the age of 40 years or regardless of age;
8) men upon reaching the age of 55, women upon reaching the age of 50, if they were employed in work with convicts as workers and employees of institutions executing criminal punishments in the form of imprisonment, the Ministry of Justice of the Russian Federation, respectively, at least 15 and 10 years and have an insurance record of at least 25 and 20 years, respectively;
9) men and women upon reaching the age of 50, if they have worked for at least 25 years in the positions of the State Fire Service (fire brigade, fire fighting and emergency rescue services) of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of the Consequences of Natural Disasters;
10) persons who have been carrying out pedagogical 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 the health of the population in state and municipal health care institutions for at least 25 years in rural areas and urban-type settlements and 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 theater and entertainment organizations (depending on the nature of such activities) at least 15-30 years old and have reached the age of 50-55 years or regardless of age;
13) men upon reaching the age of 50, women upon reaching the age of 45, permanently residing in the regions of the Far North and equivalent localities, who have worked, respectively, for at least 25 and 20 years as reindeer breeders, fishermen, 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 localities equated to them shall apply, which was used in the appointment of 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 the old-age labor pension is assigned in accordance with subparagraphs 7-13 of paragraph 1 of this article, the rules for calculating the periods of work (activity) and the appointment of the said pension, if necessary approved by the Government of the Russian Federation.
Article 29. Recalculation of the size of labor pensions according to the documents of the pension file
1. The amounts of labor pensions established prior to 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" shall be recalculated in accordance with this Federal Law.
2. When applying this Federal Law, the 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 shall be equal 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 shall be established in accordance with article 30 of this Federal Law.
4. If, when recalculating the size of the labor pension in accordance with the norms provided for by this Federal Law, the amount of the said pension does not reach the amount received by the pensioner on the day this Federal Law enters into force, the pensioner is paid a pension in the previous higher amount.
5. The indexation of the size of labor pensions provided for by 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 the insured persons are assessed as of January 1, 2002 by converting (transforming) them into the estimated pension capital according to the formula:
PC = (RP-BCh) x T, where
PC - the amount of the estimated pension capital;
RP - the estimated size of the labor pension, determined for the insured in accordance with paragraph 2 of this article;
BC - the size of the base part of the labor pension (paragraph 1 of Article 14 of this Federal Law);
T is the expected period of 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).
In the event that, 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 labor disability pension to them, the specified expected period of payment of an old-age labor pension shall be multiplied by the ratio of the standard duration of the disabled person's insurance experience (in months) as of January 1, 2002 by 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 length of service of at least 25 years, and for women with a total length of service 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 the data of individual (personified) accounting in the state pension insurance system or for any 60 months in a row on the basis of documents issued in accordance with the established procedure by the relevant employers or state (municipal) bodies;
Salary - the average monthly wage in the Russian Federation for the same period;
NWP is the average monthly wage 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;
SK - seniority coefficient, which for insured persons (with the exception of persons with disabilities with limited ability to work of the 1st degree) is 0.55 and increases by 0.01 for each full year of total length of service in excess of the duration specified in this paragraph, but not more than 0.20.
For these disabled persons, the seniority 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 the amount of not more than 1.2.
For persons residing in the Far North and equivalent areas (clause 2 of Article 28 of this Federal Law), in which regional coefficients to wages are established, the ratio of the insured person's average monthly earnings 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 residing in the indicated regions and localities in which a regional coefficient of up to 1.5 is set to the wages of employees;
not more than 1.7 - for persons residing in the indicated regions and localities in which a regional coefficient is set to the wages of workers in the amount of 1.5 to 1.8;
not more than 1.9 - for persons residing in the indicated regions and localities in which a regional coefficient is set to the wages of workers in the amount of 1.8 and above.
At the same time, if different regional coefficients to wages are established, the coefficient to wages is taken into account, which is in effect in a given region or locality for workers and employees of non-production sectors.
For the persons specified in paragraph one of subparagraph 6 of paragraph 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 Far North and to them localities.
Pension increases 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 charged to the estimated size of the labor pension of 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 value of the estimated pension capital with incomplete total work experience is determined based on the value of the 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 total total work experience and multiplied by the number of months actually available 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 up to January 1, 2002, taken into account in a calendar order, which includes:
1) periods of work as a worker, employee (including work for hire outside the territory of the Russian Federation), a 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 guards, special communications bodies or in a mine rescue unit, regardless of its nature; periods of self-employment, including in agriculture;
2) periods of creative activity of members of creative unions - writers, artists, composers, filmmakers, theater workers, as well as writers and artists who are not members of the respective 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 bodies, federal security service bodies, federal executive bodies the authorities in which military service is provided, the former state security bodies of the Russian Federation, as well as in the state security and internal affairs bodies of the former USSR (including during periods when these bodies were called differently), stay in partisan detachments during the civil war and the Great Patriotic War;
4) periods of temporary incapacity for work, which began during the period of work, and the period of stay on disability groups I and II, received as a result of an injury related to work, or an occupational disease;
5) the period of stay in places of confinement in excess of the period specified during the review of the case;
6) the periods of receiving unemployment benefits, participating in paid public works, moving to another locality from the employment service and employment.
5. Conversion (transformation) of pension rights into the estimated pension capital of the insured persons specified in Clause 1 of Article 27 and Subclauses 7-13 of Clause 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 seniority (available and full) experience in the relevant types of work (available and full).
For the purpose of assessing the pension rights of insured persons, work experience in the relevant types of work means the total duration of the periods of work until January 1, 2002, as defined in Clause 1 of Article 27 and Subclauses 7-13 of Clause 1 of Article 28 of this Federal Law. The period of staying on disability groups I and II, received as a result of an injury related to work, or an occupational disease, is equal to the work in which the specified injury or disease was received.
At the same time, in order to calculate the estimated pension capital to 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 until the age established by article 7 of this Federal Law (for men and women respectively).
6. For persons who, as of December 31, 2001, have established an old-age retirement pension, a disability retirement pension, a survivor's retirement pension or a seniority retirement pension in accordance with the Law of the Russian Federation "On State Pensions in the Russian Federation" , according to their choice, the amount of one pension established by him, taking into account increases and compensation payments due to the increase in the cost of living in the Russian Federation, with the application of the appropriate regional coefficient, with the exception of allowances for care and for disabled dependents, is taken as the estimated size of the labor pension.
If, at the choice of the 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 appointing, 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 has not been opened, the estimated pension capital that was 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 the breadwinner to the relevant members of his family in accordance with paragraph 2 of Article 16 of this Federal Law.
8. Indexation of the calculated pension capital required to determine the insurance part of the labor pension is carried out in relation to the procedure provided for by paragraphs 7 and 8 of Article 17 of this Federal Law, for the entire period from January 1, 2002 until 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 pension provision, simultaneously with the appointment of a labor pension to them in accordance with this Federal Law, but no later than January 1, 2013. In this case, the procedure for calculating and confirming the length of service is applied, including the length of service in the relevant types of work (and, if necessary, the earnings of the insured person), which was established for the appointment and recalculation of state pensions and was in effect until the date of entry into force of this Federal Law.
Chapter VII. The procedure for the entry into force of 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 norms of pension provision are applied in the part that does not contradict this Federal Law.
3. The conditions and norms for the establishment of pensions for cosmonauts and flight test personnel of civil aviation, provided for by regulatory legal acts, in force until the date of entry into force of this Federal Law, remain. The specified conditions and norms are also applied in assessing the pension rights of cosmonauts and flight test personnel of civil aviation in accordance with the norms of this Federal Law.
4. When the labor pensions are established before January 1, 2004, which are due in accordance with this Federal Law to persons with limited ability to work in III, II and I degrees, I, II and III disability groups shall be applied, respectively.
Article 32. Entry into force of the expected period of payment of labor pension established by this Federal Law
1. When determining the amount 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 by paragraph 5 of Article 14 of this Federal Law shall be 12 years (144 months) and annually increase by 6 months (from January 1 of the corresponding year) until reaching 16 years of age (192 months), and then increases annually by one year (from January 1 of the corresponding year) until reaching 19 years of age (228 months).
2. For persons referred to in Clause 1 of Article 27 and Clause 1 of Article 28 of this Federal Law, the insurance part of an old-age labor pension is determined on the basis of the expected period of payment of an old-age labor pension established in accordance with Clause 1 of this Article. Starting from January 1, 2013, this period annually (from January 1 of the corresponding year) increases by one year, while the total number of years of such an increase cannot exceed the number of years missing in the early appointment of a retirement pension until the retirement age established by Article 7 of this Federal Law (for men and women, respectively).
3. When determining the amount of the insurance part of an old-age labor pension in the manner prescribed by Clauses 6 and 7 of Article 14 of this Federal Law, starting from January 1, 2002, the expected period of payment of an old-age labor pension cannot be less than 10 years (120 months). Starting from January 1, 2009, the specified duration is increased annually by 6 months (from January 1 of the corresponding year) until it reaches 14 years (168 months).
The president
Russian Federation
V. Putin
1. The insurance experience, along with the periods of work and (or) other activities provided for by 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 Provisions for Persons Who Have Served Military Service, Service in Internal Affairs Bodies, State Fire Service, Bodies Controlling the Turnover of Narcotic Drugs and Psychotropic Substances, institutions and bodies of the penal system, and their families ";
2) the period of receiving benefits for compulsory social insurance during the period of temporary incapacity for work;
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 four and a half years in total;
4) the period of receiving unemployment benefits, the period of participation in paid public works and the period of relocation or relocation by the state employment service to another locality for employment;
6) the period of care carried out by an able-bodied person for a disabled person of group I, a disabled child or a person who has reached the age of 80;
7) the period of residence of spouses of military personnel undergoing military service under a contract, together with spouses in areas where they could not work due to the lack of employment opportunities, but not more than five years in total;
8) the period of residence abroad of the spouses of employees sent to diplomatic missions and consular offices of the Russian Federation, permanent missions of the Russian Federation to international organizations, trade missions of the Russian Federation in foreign states, representative offices of federal executive bodies, state bodies under federal executive bodies, or as representatives of these bodies abroad, as well as in representations of state institutions of the Russian Federation (state bodies and state institutions of the USSR) abroad and international organizations, the list of which is approved by the Government of the Russian Federation, but no more than five years in total.
2. The periods provided for by paragraph of this article shall be counted in the insurance experience if they were preceded and (or) followed by periods of work and (or) other activities (regardless of their duration) specified in this Federal Law.
The provisions of Article 11 of Law No. 173-FZ are used in the following Articles:- The procedure for calculating the insurance experience
1. The calculation of the length of service required to acquire the right to a labor pension is made in a calendar manner. In case of coincidence in time of several periods provided for by Articles 10 and 11 of this Federal Law, when calculating the insurance experience, one of such periods is taken into account at the choice of the person who applied for the establishment of the specified pension.
- Calculation rules and procedure for confirming the insurance experience
1. When calculating the insurance experience, the periods of work and (or) other activities that are provided for by Articles 10 and 11 of this Federal Law, prior to the registration of a citizen as an insured person in accordance with the Federal Law "On individual (personified) accounting in the compulsory pension insurance system" confirmed by documents issued in accordance with the established procedure by employers or relevant state (municipal) bodies.
- The size of old-age labor pensions
19. The insurance experience specified in paragraph 17 of this article includes the periods of work and (or) other activities provided for in Article 10 of this Federal Law, and the periods provided for in subparagraphs 1 (regarding the period of military service upon conscription), 3 and 6 - Clause 8 of Clause 1 of Article 11 of this Federal Law, in the manner prescribed by Clause 2 of Article 11 of this Federal Law.
- The share of the insurance part of the old-age labor pension, established for the seniority pension to citizens from among the employees of the flight test personnel
2. The insurance experience provided for in paragraph 1 of this article includes the periods of work and (or) other activities provided for in Article 10 of this Federal Law, and the periods counted in the insurance experience along with the periods of work and (or) other activities and provided for in Article 11 of this Federal Law, including the periods of work (service) and other activities taken into account when calculating the length of service for assigning a seniority pension in accordance with the Federal Law "On State Pension Provision in the Russian Federation", and periods of work and (or) other activities , taken into account for the establishment of an old-age labor pension, to which a seniority pension was established.
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 Provisions for Persons Who Have Served Military Service, Service in Internal Affairs Bodies, State Fire Service, Bodies Controlling the Turnover of Narcotic Drugs and Psychotropic Substances, institutions and bodies of the penal system, the troops of the National Guard of the Russian Federation, the bodies of compulsory enforcement of the Russian Federation, and their families ";
2) the period of receiving benefits for compulsory social insurance during the period of temporary incapacity for work;
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 four and a half years in total;
4) the period of receiving unemployment benefits, the period of participation in paid public works and the period of relocation or relocation by the state employment service to another locality for employment;
5) the period of detention of persons unreasonably involved in criminal liability, unreasonably repressed and subsequently rehabilitated, and the period of serving the sentence by these persons in places of deprivation of freedom and exile;
6) the period of care carried out by an able-bodied person for a disabled person of group I, a disabled child or a person who has reached the age of 80;
7) the period of residence of spouses of military personnel undergoing military service under a contract, together with spouses in areas where they could not work due to the lack of employment opportunities, but not more than five years in total;
8) the period of residence abroad of the spouses of employees sent to diplomatic missions and consular offices of the Russian Federation, permanent missions of the Russian Federation to international organizations, trade missions of the Russian Federation in foreign states, representative offices of federal executive bodies, state bodies under federal executive bodies, or as representatives of these bodies abroad, as well as in representations of state institutions of the Russian Federation (state bodies and state institutions of the USSR) abroad and international organizations, the list of which is approved by the Government of the Russian Federation, but no more than five years in total.
2. The periods provided for by paragraph 1 of this article shall be counted in the insurance experience 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 ...
Judicial practice under Article 11 of the Federal Law of December 17, 2001 No. 173-FZ
Decision of August 15, 2019 in case No. А47-7542 / 2019
Arbitration Court of the Orenburg Region (AS of the Orenburg Region)
A child of one and a half years old, documents of the employer on the provision of parental leave until he reaches the age of one and a half years, other documents confirming the necessary information. 08.11. 2018 IE Belova I.A. re-applied to the tax authority with an application for exemption from the payment of insurance premiums from 06.11. 2018. Letter dated 26.11. 2018 No ...
Decision No. 2-1686 / 2019 2-1686 / 2019 ~ M-1529/2019 M-1529/2019 dated August 6, 2019 in case No. 2-1686 / 2019
Dimitrovgrad City Court (Ulyanovsk Region) - Civil and Administrative
Quality nurse in the institution for the execution of criminal punishment in the form of imprisonment. Her continuous work experience in PKU IK-3 of the Federal Penitentiary Service of Russia in the Ulyanovsk region is 11 years 26 days (period from 07.10.1998 to 03.11.2009). GU-UPFR in Dimitrovgrad 11. 06.2019 made a decision No. 651 on the refusal to appoint ...
Decision No. 2А-593/2019 2А-593/2019 ~ М-489/2019 М-489/2019 dated July 25, 2019 in case No. 2А-593/2019
Laishevsky District Court (Republic of Tatarstan) - Civil and Administrative
Pension insurance in the Russian Federation "(as amended by DD.MM.YYYY) in conjunction with the provisions of its Article 17, as well as Articles 2, 3, 10 and 11 of the Federal Law" On Labor Pensions in the Russian Federation "in its constitutional and legal meaning , identified by the Constitutional Court of the Russian Federation in this Determination, do not imply collection from an individual entrepreneur ...
Decision No. 2-493 / 2019 2-493 / 2019 ~ M-393/2019 M-393/2019 dated July 24, 2019 in case No. 2-493 / 2019
Nytvensky District Court (Perm Territory) - Civil and Administrative
The plaintiff refused funds for the period from November 2010 to December 2018 in the amount of 66,160.38 rubles. In support of the statement, he points out that 13. 11. 2010 she was granted an old-age retirement pension upon reaching the age of 55 in the amount of 4077 rubles 31 kopecks. In October and November 2018, from the UPFM to ...
Decision No. 2-597 / 2019 2-597 / 2019 ~ M-464/2019 M-464/2019 dated July 23, 2019 in case No. 2-597 / 2019
Kireevsky District Court (Tula Region) - Civil and Administrative
Insurance pensions "provides for other periods that are included in the insurance experience. In particular, the period of military service, as well as other equivalent service provided for by the Law of the Russian Federation of February 12, 1993 N 4468 -1 "...
Decision No. 2-2792 / 2019 2-2792 / 2019 ~ M-2404/2019 M-2404/2019 dated July 23, 2019 in case No. 2-2792 / 2019
Kuibyshevsky District Court of Omsk (Omsk Region) - Civil and Administrative
During which insurance contributions were paid to the Pension Fund of the Russian Federation, as well as other periods included in the insurance experience. Study periods Art. Art. 10 and 11 of the Law of 17.12.2001 N 173-FZ are not provided as the periods included in the insurance experience. As follows from the content of the legal norm, there are two independent legal ...
Decision No. 2-2619 / 2019 2-2619 / 2019 ~ M-1761/2019 M-1761/2019 dated July 23, 2019 in case No. 2-2619 / 2019
Industrial District Court of Stavropol (Stavropol Territory) - Civil and Administrative
The legal relationship considered by the court, and in all cases to apply the Constitution of the Russian Federation as an act of direct action. The Decree of the Constitutional Court of the Russian Federation of 03.06.2004 No. 11-P states that by defining in the law the legal grounds for the appointment of pensions, their amounts, the procedure for calculating and paying, the legislator has the right to establish how general terms and Conditions the appointment of pensions, and features ...
The grounds for the emergence and the rules for the implementation of the rights of citizens to payments in connection with the loss of the ability to carry out professional activities are regulated by FZ-173 of December 17, 2001. Consider further some provisions of this normative 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 " On 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 norms must be observed.
- Disabled relatives of insured persons in cases established by Art. 9 ФЗ № 173.
- Foreigners and stateless persons permanently residing in the country. The exceptions are cases provided for in an international treaty or the domestic legislation of the Russian Federation.
Payment selection
173-FZ (as amended) provides for the following types of compensation:
- Old age.
- Disability.
- Due to the loss of a breadwinner.
The first two payments can contain accumulative, insurance and basic parts. Only the last two elements are included in the survivor pension. The procedure for the formation of the accumulative element of payments for disability and old age is currently being adjusted. Subjects who, for one reason or another, are not eligible 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 benefits are regulated by the Federal Law "On State Pension Provision".
Financing
173-FZ ( latest revision ) determines that if adjustments are made to the established procedure for assigning payments that require increased costs, specific sources and rules for reimbursing additional costs must be determined. In accordance with this, regulations are being adopted to amend the provisions on the budgetary system. The accumulation component is formed if there are sufficient funds accounted for in a special section of the personal (individual) account of the insured citizen.
Seniority elements
Law 173-FZ establishes that the calculation uses periods of work or other professional activity that was carried out in the country by citizens insured in accordance with the established procedure. At the same time, during these time intervals, deductions must be made to the FIU. Normative act " On labor pensions in the Russian Federation "(173-FZ) allows the inclusion of periods of activity outside the country in the experience. This is allowed in the cases provided for by regulatory enactments or international agreements, or if for all relevant time intervals, contributions were made to the FIU.
Other periods
Labor Pensions Law determines that, along with work or other activities carried out on the territory of the country, the following shall be counted:
These periods will be counted in the 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.
Payment
Normative act "On Labor (173-FZ) establishes the procedure for determining the amount of the insurance part of old age benefits. It is calculated using the formula:
SCh = PC / T, in which:
- insurance part - MF;
- 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 amount of the pension - T.
The last indicator is 228 months. (19 years). Additionally normative act "On labor pensions in the Russian Federation "(173-FZ) establishes that the amount of the insurance part of payments for old age of citizens cannot be less than the SC of compensation for disability, if they have received it for at least 10 years. The calculation is based on the amount established on the date when the contributions were stopped.
Payments to subjects leaving for another state for permanent residence
Normative act " On labor pensions in the Russian Federation "(173-FZ) allows the payment at the request of a citizen leaving the territory of the country, the amount assigned to him in accordance with the established procedure, six months in advance. Additionally, several more possibilities are provided. In particular, an entity that leaves the country has the right to write a statement, according to which the deductions will be made in the name of a trustee 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, the recalculation is carried out at the exchange rate of the Central Bank in effect on the date of the transaction. Labor Pensions Law"allows making transfers abroad starting from the month that follows the period of departure to another country. However, payments must be made no earlier than the day before which the pension was received in rubles.
The rules for transferring the assigned amounts to citizens who have left or are leaving for permanent residence abroad are determined by the government of the Russian Federation. In case of return of subjects back, deduction of payments not received during their stay in another country is made. However, citizens can receive a pension no more than 3 years preceding the date of contacting the authorized bodies with a corresponding statement.