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General conditions for the appointment of an old-age labor pension. Chapter II. Conditions for assigning labor pensions

From 28.12.2013 N 400-FZ "On insurance pensions" Federal Law of 17 December 2001 N 173-FZ "On labor pensions in the Russian Federation" does not apply since January 1, 2015, with the exception of the rules governing the calculation of the amount of labor pensions and to be applied in order to determine the amount of insurance pensions in the part that does not contradict the specified Federal Law.

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Old age retirement pension concept

Labor pension - monthly cash payment in order to compensate insured persons wages and other payments and remunerations lost by them in connection with the onset of incapacity for work due to old age or disability, and for disabled family members of insured persons - wages and other payments and remunerations of the breadwinner lost in connection with the death of these insured persons, which is determined in accordance with the conditions and the norms established by the Federal Law of December 17, 2001 N 173-FZ "On labor pensions in the Russian Federation". In this case, the onset of incapacity for work and the loss of wages and other payments and remuneration in such cases are assumed and do not require proof.

Old age labor pension- one of the types labor pension(the law also highlights: disability and survivor). She is appointed for life.

An old-age labor pension can consist of the following parts:

  1. insurance part;
  2. accumulative part.

Conditions for Granting an Old Age Labor Pension

Fixed base size insurance part of labor pension old age people living in areas Far north and equivalent localities, increases by the corresponding regional coefficient, established by the Government of the Russian Federation, depending on the region (locality) of residence, for the entire period of residence of these persons in these areas (localities).

When moving to a new place of residence in other regions of the Far North and equivalent areas, in which other regional coefficients are established, the fixed base size of the insurance part of the old-age labor pension is determined taking into account the size district coefficient at a new place of residence, with the exception of those who have worked for at least 15 calendar years in the regions of the Far North and have an insurance experience of at least 25 years for men or at least 20 years for women.

The amount of the funded part of the old-age labor pension determined by the formula:

LF = PN / T, where

NCH ​​- the size of the funded part of the old-age labor pension;
MON - amount pension savings of the insured person, recorded in the special part of his individual personal account as of the day from which he is assigned accumulative part old age labor pension;
T - the number of months of the expected period of payment of the old-age labor pension used to calculate the insurance part of the specified pension (paragraph 1 of this article).

Old-age labor pension determined by the formula:

P = MF + LF, where

P is the size of the old-age labor pension;
SCh - the insurance part of the old-age labor pension;
LF is the funded part of the old-age labor pension.

In the absence of employment opportunities for unemployed citizens dismissed in connection with the liquidation of an organization, termination of activities individual entrepreneur, or a reduction in the number or staff of employees, with their consent, a pension may be assigned for the period until the normal retirement age, but not earlier than two years. This rule also applies to early pensions (

At present, the old-age labor pension in the laws of the Russian Federation is called - insurance pension old age.

What is related to the entry into force Federal law dated 28.12.2013 "On insurance pensions". Why did the name change? Because the main condition for the appointment of such a pension is the availability of insurance. That is, produced.

Although, by and large, if we compare the old-age retirement pension and the insurance one, the essence has not changed much. The state connects the appointment of a labor (insurance) pension with the need to compensate for lost earnings. Because of the achievement a certain age, which is associated with disability. Therefore, in this publication we will use the term old-age retirement pension. By the way, over 85% of citizens receive such payments in Russia.

In addition to the age requirement, the Insurance Pensions Act established requirements for the amount insurance experience and the individual pension coefficient. At the same time, they also increase annually.

Seniority and coefficient for assigning an old-age retirement pension

In 2019, in order to assign an old-age pension, a citizen must have an insurance record of at least 10 years. In 2020, this figure will be at least 11 years, etc. Until 2024, when it will be 15 years. The length of service required for the appointment of a retirement pension is determined on the basis of information from an individual personified account (Law of 04/01/1996 with the same name) and on the day of reaching retirement age. If the pension is early, then on the day of its establishment.

Before registering a person as an insured person, a citizen confirms the length of service with entries in the work book, certificates from the employer, etc. By the way, it is quite possible that in order to confirm the insurance experience and the appointment of an old-age retirement pension, it will be necessary to go to court with.

Calculation of the insurance experience has its own characteristics. They can be found at the link ““. And in st. 11-13 of the Law on Insurance Pensions.

Individual pension coefficient(IPC) in 2019 should be 16.2. In 2020 - 18.6.

The essence of the PKI is the amount of deductions for the periods of a person's work and other periods included in the insurance experience, which are evaluated in points and are summed up. The PKI increases every year by 2.4 to reach 30. The PKI has a direct impact on.

The appointment of an old-age labor pension is declarative in nature. This means that upon reaching the retirement age, a person has the right to apply for a pension. But he can apply later. And then the old-age labor pension will be assigned from the date of application.

Early labor old-age pension

A number of employees have the right to contact Pension Fund for the appointment of an old-age retirement pension ahead of schedule. Confirmation of such a right often requires going to court with. This is due to the action of different legal regulations throughout a person's life. This and the legal acts of the USSR before pension reform RF.

Categories of citizens entitled to early appointment old-age labor pensions are listed in Articles 30, 31, 34 of the Law on Insurance Pensions. This mainly includes work with a harmful production factor:

  • difficult working conditions
  • railway workers
  • working in field geological exploration and other works,
  • pilots civil aviation, flight test personnel

Right to early retirement have women who have given birth to 5 or more children, teachers, etc.

Since 2019, persons with long-term insurance experience have received the right to early retirement pension.

The law provides for different requirements for each category. This is both age and special experience work, as well as general insurance experience. The Government of the Russian Federation, in its Resolution No. 665 dated July 16, 2014, approved the Lists of relevant jobs, industries, professions, positions, specialties and institutions (organizations), taking into account which an old-age insurance pension is assigned ahead of schedule.

Thus, the old-age retirement pension is now undergoing significant changes, so additional questions can be asked to the duty lawyer of the site.

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 suffering from 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 they became disabled before reaching the age of 18 years with a limitation of the 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 Russian Federation are obliged to maintain 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 as a result of the commission of a deliberate criminal act or deliberate damage to his health, which are established in court, it is established social pension in connection with the death of the breadwinner in accordance with the Federal Law "On State Pension Provision in the Russian Federation". In this case, paragraph 12 of this article applies.

12. 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.

Officially by age from which a citizen is entitled to receive an old-age labor pension is 55 years for women and 60 years for men. In addition, you must have at least 5 years of insurance experience, which includes all periods during which his employers made contributions to the Pension Fund of the Russian Federation.

Persons with insurance experience include anyone who has worked for hire, including employees creative professions, for which deductions were made to the PF RF. The insured also include those who made these transfers on their own, on a voluntary basis, as well as those who worked abroad and paid insurance premiums. Self-employed persons who paid insurance premiums and those citizens for whom other individuals made this payment will also have insurance experience.

Who can get early retirement pension

Such an opportunity is provided to citizens who worked in hot workshops, in underground works and those associated with harmful conditions labor. In this case, if you have insurance or total experience 15 years for women and 20 for men, you can get a labor pension 10 years earlier. Those who worked at enterprises with harmful working conditions can also apply for a labor pension earlier than the generally established age. Women with work or insurance work experience of 20 years and men, whose work experience is 25 years, can retire at 50 and 55 years, respectively.

On early registration retirement pensions can also be calculated by those whose labor activity was associated with underground and mining operations, educators and health workers, and people who worked in the Far North and in regions with special climatic conditions.

Labor pensions for unemployed persons of pre-retirement age

In accordance with the provisions of Article 32 of the Federal Law "On Employment of the Population in the Russian Federation" to receive a labor pension early, but not earlier than 2 years from the established total term, can citizens officially recognized as unemployed. At the same time, the conditions of its appointment include: the inability to territorial body employment services to employ this citizen if he has the necessary insurance experience. In addition, such a citizen should have become unemployed as a result of dismissal due to the liquidation or bankruptcy of the enterprise or staff reduction. The unemployed is also required written agreement for him to become a pensioner early.

The general conditions for the emergence of the right to a labor pension include:

1) availability Russian citizenship, or permanent residence on the territory of the Russian Federation ( given condition necessary for the emergence of the right to a labor pension for persons who do not have Russian citizenship);

2) the status of an insured person in the compulsory pension insurance system of the Russian Federation or a disabled family member of the deceased who was insured in this system;

3) the availability of funds recorded in the special part of the individual personal account of the insured person.

For the appointment of an old-age labor pension, established on a general basis, in addition to compliance general conditions provided for by Art. 3 of the Federal Law of December 17, 2001 No. 173-FZ, it is necessary to simultaneously fulfill two special conditions:

1) reaching a certain age;

2) the presence of a certain duration of insurance experience.

Thus, an old-age pension is a pension that is established in connection with the attainment of a certain age and at the same time with the presence of a corresponding length of service.

In paragraph 1 of Art. 7 of Federal Law No. 173-FZ of 17.12.2001 indicates the age at which it is possible to exercise the right to compulsory pension provision old age. Given age defined in full years and is called the generally established retirement age. The generally established retirement age is differentiated by sex and is 60 years for men and 55 years for women.

It should be noted that the generally established retirement age in our country has remained unchanged for a long time, despite constant discussions among experts and politicians about the need to gradually increase it according to the experience of most countries of the world.

The fact is that many of our compatriots do not live up to "their" low retirement age, especially men. At the same time, citizens who retired at 60 and 55 years old live no longer than citizens who retired in other countries in more high age(for example, at 65 years of age for a man and 60 years for a woman).

Solving the problem of easing the retirement burden by raising the retirement age in the near future is not a way out. If the current situation persists, raising the age will only temporarily ease the retirement burden. There is another way out - in the immediate elimination of socio-economic reasons that objectively give rise to an increase in the pension burden on the population employed in the national economy.

In our country, there is really a low retirement age, but in fact it is not lower than in other countries, since our life is shorter and this is not due to the genetic characteristics of people, but to the prevailing conditions of their life.

The Russian legislator took a different path - leaving the traditional retirement age of 60-55 years unchanged for our country, provided in the future a significant incentive for voluntary access to insurance part old-age retirement pension in more late age, which is provided for in paragraph 7 of Art. 14 of the Federal Law of December 17, 2001 No. 173-FZ.

In accordance with paragraph 2 of Art. 7 of Federal Law No. 173-FZ of 17.12.2001, an insured person who has reached the generally established retirement age is entitled to an old-age labor pension if he has at least five years of insurance experience. This requirement is the same for both women and men.

The seniority requirement is the same for both men and women. Having at least five years of insurance experience allows the insured person to receive an old-age labor pension only upon reaching the generally established retirement age.

If a street who has reached the generally established retirement age and is applying for the appointment of an old-age retirement pension does not have the required length of insurance experience, for example, there is only 4 years and six months, an old-age retirement pension cannot be awarded.

Citizens who do not have the required insurance experience, upon reaching the age of 65 and 60 (respectively, men and women), are assigned a social pension in accordance with Law No. 166 - FZ.

It should be noted that an old-age labor pension can be awarded before reaching the age established by Art. 7 of the Federal Law of December 17, 2001 No. 173-FZ. At the same time, for the emergence of the right to old-age pensions with a decrease in the generally established retirement age, or regardless of age, it is required to have an insurance record for more than five years. The relevant seniority requirements are provided for in Art. 27 and 28 of the Federal Law of December 17, 2001 No. 173-FZ.