Coefficient 0 54 military pensioners. As a conclusion. What is cash allowance for calculating pensions
Dear legislators, what are you doing?
Your predecessors at the end of 2011 adopted two laws reducing the military pension. Federal Law No. 306, Article 13, which reduced the seniority bonus from 70% to 40%, and Federal Law No. 4468-1, Article 43, Clause 2.
In paragraph 2, there was a mechanism for bringing 54% to the required 100%. From 01/01/2013, 54% of the allowance for calculating pensions was set at 56%, as expected in paragraph 2. It was portrayed in the media as a promotion. military pension by 3.7%.
It is not clear how this happened before 2015, the media presented it again as an increase in pensions, and not as bringing the coefficient to 100%.
For 2015 and until the beginning of 2018, everything became clear. With three federal laws, you suspended the operation of paragraph 2 of article 43 of Federal Law No. 4468-1 and introduced the coefficient of monetary allowance for calculating pensions.
In all the media, this was again presented as an increase in the military pension, and not bringing the monetary allowance for calculating the military pension to the prescribed 100%. Okay, at the very least, you brought this ratio from 54% to 72.23%. Thus, they reduced the difference of 46% between the full pension and the cut off pension. The media inflated this reduction in the difference to 27.77%%, like a 33.7% increase in pensions.
In February 2017, you did not adopt draft law No. 631118-6 on repealing clause 2 of article 43 of Federal Law No. 4468-1. Okay, there are economic reasons.
But for 2018, you passed Law No. 365 and left the coefficient the same 72.23%.
Apparently you have decided that allowance military personnel for 2018 will be indexed by 4%, and the pension will also increase by 4%. It really is. But this is an automatic increase in accordance with Article 49 of the Federal Law No. 4468-1. It has nothing to do with bringing the coefficient to 100%.
And everywhere they say that the pensions of military personnel have been increased by 39.1% since 2012. In 2020, this figure will increase to 50%. This is also true, but this is from the evil one, because the pension is paid to us not in absolute terms, but in relative terms. Not in rubles, but as a percentage.
So, in reality, the pension was increased from 54% to 72.23%, which means that the actual increase is 18.23%. Initially, the task was to bring 54% of the monetary allowance for calculating pensions to the prescribed 100%. You have been doing this for five years. Slowly but surely, the coefficient increased, the difference decreased, and the period for receiving a full pension was reduced from the age of 23. From 01/01/2018, you did not easily stop the process of bringing the monetary allowance for calculating military pensions to 100%, you launched it in the opposite direction.
The difference between complete due pension was 27.77%, now it is 28.88%. This difference will continue to increase if we do not increase the percentage of monetary allowance for calculating pensions. In 2020, it will be already 31.25%. And then a stone's throw to the situation in 2012, when the difference was 46%. The prospect of receiving a full pension is postponed indefinitely.
For this difference to decrease by at least 2% in 2018, the coefficient should be 78.23%.
If you add an inflation rate of only 1.77%, it will be 80%.
Then your work will be visible, to bring the military pension to the full well-deserved one. How, and most importantly, when you bring the ratio to 100%, that's what excites military pensioners. Many are already at that age that they may simply not live to see this bright day.
Military pensioners do not need to increase the cropped pension by some percentage there, but it is necessary to bring the coefficient of monetary allowance for calculating pensions to 100% as soon as possible.
The indexation of monetary allowances for military personnel in 2018-2020 has nothing to do with this process.
Military pensioners hope that before the holidays you will adopt some kind of intelligible law and launch a mechanism to increase the monetary allowance for calculating military pensions to 100%, upwards.
Application of a reduction factor when calculating a military pension
Due to the unstable economic situation in the country, in 2012 reduction factor used in the calculation of pensions for military personnel, which at that time amounted to 54% of the monetary allowance. In addition to the military personnel themselves, who are entitled to a seniority or disability pension through the Ministry of Defense, their relatives can receive a pension in the event of the loss of a serviceman's breadwinner, which is also calculated taking into account a reduction factor.
When calculating the pension provision, the reduction coefficient does not apply to the following categories of military personnel and members of their families:
- military judges;
- employees of the prosecutor's office, including the military;
- employees Investigative Committee, including military bodies;
- federal civil servants.
Initially, it was planned to increase the coefficient by 2% annually and more, which meant access to 100% cash allowance only after 23 years from the date of retirement. However, the growth of the indicator turned out to be more dynamic and by 2018 it grew by more than 20% and amounted to 72.23% of the monetary allowance.
The impact of the reduction factor on the amount of pensions for military pensioners will continue to decrease over the next years, and in the future it will amount to 100% of the monetary allowance.
The growth of the military pension depends on the increase in monetary allowance (DD) and the annual change in the size of the reduction coefficient as a percentage.
The monetary allowance of the military has not been indexed for five years, despite the annual inflationary processes taking place in the country. In this regard, in 2018 the President of the Russian Federation V.V. Putin decided to increase the allowance by 4%. Such a measure will increase military pensions by 1.04 times.
As for the reduction coefficient, due to the indexation of DD this year, it was decided to leave its value unchanged - 72.23% (Federal Law of December 5, 2017 No. 365). The size of this indicator should grow annually until it reaches 100% of the monetary allowance.
What is the reduction factor for military pensioners in 2018
In 2012, when the reduction factor was forced to be adopted, it was only 54%. In the future, each year the indicator was indexed:
- in 2013 by 7.5%;
- in 2014 by 7%;
- in 2015 by 7.5%;
- in 2016 by 4.0%;
- in 2017 by 4.0%;
- in 2018 by 0%.
Although in 2017 the reduction factor increased by another 4% and amounted to 72,23% , in 2018 it was decided leave unchanged due to the indexation of the monetary allowance of military personnel.
As a result, for 5 years, the reduction factor increased by 33,7% or by 18.23 percentage points (72.23 - 54 = 18.23), and since there is no stability in this matter, military pensioners have to continue to expect an increase in their payment.
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When will the reduction factor for military pensioners be canceled?
The Communist Party faction tried to introduce a draft law on the abolition of the reduction coefficient, but in February 2017, following the results of the vote, it was rejected. After that, by this issue the state did not provide any information, since it had previously calculated the appointment of a pension, taking into account 100% of the monetary allowance, only by 2035. However, on this moment the growth of this indicator is not stable, therefore, there is no talk of canceling it yet.
Shevtsova spoke about the monetary allowance of military personnel and military pensions in 2018-2020
| Speech by Deputy Defense Minister Tatyana Shevtsova at a training session with the leadership of the financial and economic service of the Russian Armed Forces. The budget of the Ministry of Defense in 2018-2020 will allow maintaining the amount of monetary allowance for military personnel at the level of the leading sectors of the economy, Deputy Defense Minister Tatyana Shevtsova said on Monday at a training camp with the leadership of the financial and economic service of the Armed Forces of the Russian Federation. “When forming the parameters for financing the expenses of the Ministry of Defense in 2018-2020, the task of maintaining the achieved level of monetary allowance for military personnel at the level of the leading sectors of the economy was solved,” Shevtsova said. According to her, monetary allowance, wages, compensation payments, pensions and other payments to military pensioners were included, as in 2017, among the protected items. Shevtsova noted that the departmental budget takes into account the financing of the new state armament program, and also maintains the previous level of funding for the maintenance of the army. Recall that in accordance with the adopted budget for the next three years 2018-2020, military personnel have increased salaries for military positions and military ranks by 4%. As Deputy Defense Minister Tatyana Shevtsova said in her most recent interview: “Thus, from January 1, 2018, a lieutenant, a platoon commander, will receive an average of 66.1 thousand rubles per month, which is about 2.5 thousand rubles more the level of his monthly allowance in 2017,” the Deputy Minister noted. According to her, for an officer at the level of a battalion commander (lieutenant colonel), the increase will be approximately 3.4 thousand rubles (88.7 thousand rubles instead of 85.3 thousand rubles). On the issue of military pensions last fall, when the 2018-2020 budget was adopted, the most basic issue that most military pensioners did not agree with was the issue of abolishing the reduction factor for calculating military pensions. But, despite numerous appeals from veteran organizations and individual military pensioners, the issue of abolishing the reduction factor for calculating military pensions has not been resolved in a positive direction. Since January 1, 2018, pensions for military pensioners have been increased only by increasing official salaries and salaries for military ranks of active servicemen. “The increase in pensions for officers at the level of a battalion commander (lieutenant colonel) will be 947 rubles, 1932 rubles and 2956 rubles in 2018-2020.” Shevtsova said. “Money allowance for military personnel and pensions for military pensioners will be indexed from October 1, 2019 and from October 1, 2020. Each time by 4%,” Shevtsova specified. Application of a reduction factor when calculating a pensionThe reduction factor for military pensioners is quite important indicator when calculating volume pension payments. At the very beginning of the introduction of restrictive measures, the size of the indicator was 54%. The legislator provided for an increase of 2% annually. However, as time shows, the established rules are not always implemented. Elderly and people pre-retirement age began to wonder when the reduction factor of 0.54 for military pensioners would be canceled. Experts cannot give an exact answer. It is known that the indicator with a constant increase will be reduced to a minimum and will not have a significant impact on the amount of payments. Indexation of pensions for military personnel
What is the reduction factor in 2018Since 2012, the standard has increased annually. Thus, there was an increase of 7.5% in 2013 and 2015, 7% in 2014, and 4% in the last two years. Naturally, today it is important to know what reduction factor is provided for in 2018 for military pensioners. Due to the increase in the salaries of military personnel by 4% in 2018, it was decided to fix the value of this year at the level of the previous one. The reduction factor for military pensioners in 2018 was 72.23% (Article 2 of the Federal Law No. 365). When will the reduction factor for pensions be canceled?The Communist Party submitted for consideration a draft of the abolition of the above standard. But the bill did not gain the required number of supporters, and remained only on paper. When will the reduction factor for military pensioners be canceled - the most frequently voiced question from the elderly to the head of state. According to the current legislation, the indicator is not going to be canceled, the task has been set of its gradual elimination and payment of pensions in 100% volume.
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Collateral amount The system for calculating the pension of a former army officer differs from the calculation of civil insurance. Such differences became possible due to the peculiarities of accrual wages military and certain guarantees that the state provides them. Increasingly, news appears in the media with the headline: “When the reduction factor of 0.54 for military pensioners will be canceled.”
Men and women in contract service reach retirement age with a total length of service of 20 years. The total length of service consists of:
- calendar.
- Preferential.
Calendar - the actual period of being in active service in the army.
Preferential - military service in special climatic conditions, participation in armed conflicts as part of an active unit, etc. For example: when contract service in remote areas, where the period of 1 year is equal to 1.5 years, after 2 calendar years the total period will be 3 years (2 calendar years + 1 grace year).
A citizen who has given the country 20 years of total service has the right to receive the status of a pensioner earlier than his civilian peer. In addition, a former serviceman, and now a military pensioner, can work as a civilian, receive wages and accumulate points. And upon reaching retirement civil age he will receive an old-age insurance pension in addition to his military pension.
Military salary
Monetary allowance - the salary of military personnel, which consists of a salary according to military rank, salary according to the military position held and several allowances, which are calculated based on the salary (Rank + Position) or salary according to the position held.
The increase in salaries for military personnel in 2012 forced the executive body to introduce a reduced coefficient for calculating pensions. Otherwise, without applying this coefficient, the payout would be much higher, and Money the expenditure item "Payment of pensions to servicemen" would hardly be enough.
The figure of 0.54 affected all military personnel, however, civil servants of the executive authorities (FSB, SVR, etc.), judges of military courts, serving prosecutors and investigators of the investigative committee receive payments without taking into account the coefficient. 
Calculation of the pension of military personnel
The pension of military personnel until 2012 was calculated on the basis of the military rank salary (HVZ) on the date of dismissal, the salary for the last position held (OVD) and the total length of service (VL). That is, a serviceman with disabilities = 10,000 rubles. and ATS = 20,000 rubles. with a total length of service of 20 years will receive 15,000 rubles.
Calculation until 2012
HIA - 10000
OVD - 20000
VL 20 years - 50%
Calculation: (10000 + 20000) * 50% = 15000 rubles.
Explanation: the minimum percentage for a length of service of 20 years is 50%, if a soldier decides to continue serving, then 3% is added to the payment for each subsequent year of service. The maximum % for seniority is 85%.
Since 2012, a coefficient reducing the pension was introduced, which was supposed to increase annually by 2% and the inflation rate. As of 2017 reduction figure 0.54 2012, in 2017 amounted to 72.23%
The calculation of the payment after 2012 is the same, but with increased salaries and the application of a coefficient.
Calculation as of the end of 2012
HIA - 20000
ATS - 40000
VL 20 years - 50%
Military pension reduction factor: 0.54
Calculation: (20000 + 40000) * 50% * 0.54 \u003d 16200 rubles.
- Citizens who have served 20 years or more (there is a mixed type of military pension, where there is experience civil work, general experience equal to 25 years, but in it minimum term service should not be less than 12.5 calendar years).
- Members of the family of a soldier after his death.
- Disabled persons who were injured during the service or received a disease acquired during the service.
The calculation of the pension amount for the specified categories of citizens is carried out in the same manner as indicated above. The only addition is district coefficient, which a pensioner receives if he lives in areas Far North equivalent areas or in unfavorable environmental conditions. 
The further fate of the coefficient
To the question: “Will the reduction coefficient for military pensioners be canceled?” there is no specific answer. There are suggestions that due to the application of sanctions against Russia, lack of funds, the coefficient will not be abolished.
In addition, if as of 2017 the reduction coefficient is 72.23%, and it will increase annually by 2%, then, excluding inflation, no later than in 2031, the coefficient will disappear automatically.
Future and present military pensioners should not have any illusions about the abolition of the reduction factor, since the difficult geopolitical situation in the country will not allow them to attract additional funds to ensure that the coefficient is cancelled. It remains to wait for the indexing of the salaries of military personnel, which is just around the corner.
"Cancellation of the reduction factor of 0.54 for military pensioners is possible already in the fall" on the website "Military pensioners for Russia ...", which says that the chairman of the Duma Committee on Defense, Hero of Russia, retired Colonel General Shamanov Vladimir Anatolyevich intends to achieve the abolition reduction factor of 0.54 (currently 0.7223) for military pensions.
What can I say, I can't believe that the faction " United Russia"will vote for the abolition of the coefficient. For it already happened when, on the eve of February 23, the deputies refused to vote for the bill on the abolition of the lowering coefficient. After all, the leader of the "blocking" vote in the State Duma, the ER party, said earlier: "There is no money, but you hold on .... So the military officers hold on ..., continuing to work in civilian life, because "legs are thin", and hunting (or eating, as anyone likes) ... And the promised in Russia is supposed to wait three years ...
The abolition of the reduction factor of 0.54 has become the main issue in the struggle of military pensioners for their infringed rights. And it seems that a new turn of events has appeared, which gives hope for its cancellation in the fall - winter of 2017-2018.
On September 2, 2017, the chairman of the Duma Defense Committee, Hero of Russia, retired Colonel General and just a military pensioner Shamanov Vladimir Anatolyevich, at a meeting with military service veterans at the Volsk Higher Military School of Logistics, assured veterans of military service that in the upcoming winter session of the State Duma 2017-2018 intends to achieve the abolition of the reduction factor of 0.54 for military pensions.
Such a statement by the chairman of the State Duma Defense Committee appeared on the websites of communities of military service veterans and military pensioners. Russian Federation in particular on the website of the Club of Military Pensioners.
It must be said that the struggle for the abolition of the humiliating coefficient has been going on for a very long time - since 2012, when amendments were made to the law on pensions for persons undergoing military service. The government, having raised the size of the monetary allowance of military personnel, was frightened big spending(as if from his own pocket) and decided to save on military pensioners, cutting off their well-deserved pension by 2 times. Moreover, this innovation applies only to military pensioners, the rest - no. Considering this to be discrimination against military pensioners and a violation of constitutional rights, many veteran organizations repeatedly sent open letters to all instances - to the Supreme Commander-in-Chief and the Prime Minister and the Chairman of the State Duma Defense Committee. We received only replies - everything is according to the law, everything is going up for you normally.
Below we publish the text of the letter sent to the Chairman of the State Duma Defense Committee V.A. Shamanov.
On February 17, 2017, the State Duma of the Russian Federation will consider the draft federal law
No. 631118-6 “On recognizing part two of Article 43 of the Law of the Russian Federation dated February 12, 1993 No. 4468-1 “On pension provision for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for monitoring drug trafficking and psychotropic substances, institutions and bodies of the penitentiary system, and their families”, introduced by the deputy V.N. Tetekin.
In this draft law, deputy VN Tetekin proposes to abolish the reduction factor of 0.54, taken into account when calculating the pension for long service, applied only to military pensioners and persons equated to them.
The author of the bill believes that the establishment of the so-called. The “reducing factor” leads to an increase in social tension among military pensioners due to the underestimation of their merits by the state, and the abolition of the reducing factor will restore social justice and the force of the letter of the law.
Moreover, since 2012, the introduction of a reduction factor taken into account when calculating military pensions, and the further “freezing” of the indexation of the monetary maintenance of military personnel and military pensions, did not apply to the following categories of pensioners, their members of their families (clause 6, article 12 of the Federal Law of 08.11. 2011 No. 309-FZ):
Judges of the Military Collegium Supreme Court RF and military courts;
Prosecutorial employees (including military personnel of bodies military prosecutor's office);
Employees of the Investigative Committee of the Russian Federation (including military investigative bodies of the Investigative Committee of the Russian Federation);
Federal government civil servants.
Therefore, Deputy V.N. Tetekin and hundreds of thousands of military pensioners and persons equated to them believed and still believe that the application of these restrictions only to them really leads to an increase in social tension among military pensioners and is contrary to the Constitution of the Russian Federation and Russian legislation.
You, your Defense Committee of the State Duma of the Russian Federation, legislators and the Constitutional Court of the Russian Federation know all this very well, but you continue to dissuade us of the opposite.
We, pensioners of the Ministry of Defense of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation and persons equated to them from various regions of the Russian Federation, read with great indignation the Conclusion of the Defense Committee of the State Duma of the Russian Federation dated February 9, 2017 on this draft law, signed by the first deputy chairman of the committee A.L. Krasov, which “does not support the concept of V.N. Tetekin’s bill for the following reasons”:
“1) When establishing the above mechanism for calculating pensions, the legislator took into account that the calculation of pensions from January 1, 2012 is carried out on the basis of a new (higher) monetary allowance. At the same time, even taking into account the established so-called. "reducing factor" the size of "military pensions" increased by an average of 60%."
The reduction factor of 0.54 was applied to military pensioners and persons equivalent to them in January 2012 and five years have passed since its application. Over the past five years, regulatory legal acts of the Russian Federation from January 1, 2013 to January 1, 2018 suspended the following rules pension provision for persons who have served in the military, served in the internal affairs department, the State Border Service, in drug control authorities, in institutions and bodies of the penal system, in the National Guard, and their families:
Indexation of monetary allowances and military pensions in accordance with rising prices for consumer goods and services.
Monetary allowance is taken into account when calculating a pension from January 1, 2012 in the amount of 54% and from January 1, 2013 it increases annually by 2% until it reaches 100% of its amount (indexation);
Taking into account the level of inflation (consumer prices), the Law on the federal budget may set the said annual increase for the next financial year in excess of 2%.
As a result of the suspension of the above actions, the state guarantee to protect the monetary allowance of military personnel and pensions of military pensioners from depreciation has not been fulfilled for the past five years (2012-2017). This led to the fact that as of January 1, 2017, the monetary allowance of military personnel and military pensions depreciated by more than 44%. The purchasing power of salaries has fallen by more than a third in five years. To return to the situation that was on January 1, 2012, they must now be increased by almost 50%.
So to say in February 2017 that "the size of military pensions in 2012 increased by an average of 60%" is not entirely correct and out of place.
“At the same time, after the increase in military pensions in 2012, the ratio between the average “military” pension and the average “civilian” pension returned to the level of 2002, and today this gap has increased even more in favor of the military pension (1.8 times).”
And why do government officials compare the average military pensions and persons equivalent to them with the average “civilian” pension? It was during the Soviet era that the army was multi-million and there were also many military pensioners. Now there are fewer military pensioners than there are federal civil servants and their pensioners. According to Rosstat, now there are more federal civil servants than there were in the USSR. According to him, at the end of June 2016, the number of employees who filled the positions of civil and municipal employees amounted to over 850 thousand people (excluding pensioners and their families).
At the same time, the average monthly salary of civil servants in the first half of 2016 amounted to 39.1 thousand rubles, municipal employees - 37.1 thousand rubles. While the average military pension only from February 1, 2017 amounted to 23663 rubles, and the average insurance "civilian" - 13100 rubles.
For federal civil servants, separate laws were developed on the state civil service, on the system of public service of the Russian Federation, which was not the case in the USSR. For some of them, the allowance was increased and equated to the pay of military personnel, but the reduction factor for calculating their pensions was never applied to them, although we belong to one type of federal civil service.
So the question is where is justice, where is the observance of the letter of the law?
If the people “maintain” the Armed Forces and the “army” of federal state civilian officials, then why are they not covered by the ratio of their average seniority pension to the average insurance “civilian” pension (1.7)?
Why did legislators establish high salaries for federal civil servants, calculated from their entire income, and hence the ensuing big sizes pensions many times greater than the size of military and insurance pensions?
This especially applies to officials of the Administration of the President of the Russian Federation, the Government of the Russian Federation, the Federation Council of the Federal Assembly of the Russian Federation, the State Duma of the Russian Federation and a number of state corporations.
It turns out that privileged pensioners are civil servants and they are fighting terrorists in Syria and other regions of the world, defending the integrity and independence of our state, risking their lives and health.
Maybe it's time to change this procedure for determining the ratio of pensions and apply the ratio of 1.7 to federal civil servants? They, like us, belong to the unified system of the federal civil service. Or medium military and insurance pensions calculated based on the ratio of 1.7 to the average pension of federal civil servants?
Lord legislators!
Why is the growing geopolitical tension in the world, the imposition of sanctions against our country, the slowdown in world economic growth only having an extremely negative effect on the salaries of military personnel, persons equated to them and military pensioners?
Why are suspensions, restrictions, freezes, cancellations, downgrades, belt-tightening, no money, etc. - does all this apply and apply mainly only to ordinary citizens of Russia, military personnel and military pensioners?
We think it's high time we rallied, tightened our belts, lowered our salaries and seniority pensions, reduced the number of social benefits and federal civil servants. It is time to introduce a progressive scale of tax on excess profits, to introduce confiscation of property from corrupt officials and embezzlers of public funds, to abandon the abolition of the death penalty.
Why is there always money in the budget for numerous mass sports and international political events - winter Olympic Games in Sochi, international championships, student festivals, the World Cup, various international forums, summits, etc., but there is no money for the defenders of the Motherland and the workers of the country?
“The increase in “military” pensions proposed by the author of the bill will lead to an even greater gap between “military” and “civilian” pensions and will not only not relieve social tension, but will also lead to it. more growth.»
And here you are wrong again. The further preservation of the reduction factor, the division of federal state civil servants into friends and foes, the enrichment of some at the expense of discrimination against others, the growth of the poor in the country, the introduction of food cards and the failure to take the measures we have indicated above - this is what will really increase social tension and can lead to mass protests in the country.
The question is: why those who, with weapons in their hands, defend the freedom, independence and territorial integrity of our Motherland, are on combat duty underground, in the sky and under water, die in various hot spots, had to wait 23 years (and now they continue to wait), to receive your well-deserved full pension, and not 46% of it?
Why judges, prosecutors and investigators, federal civil servants of the Office of the President of the Russian Federation, the Government of the Russian Federation, the Federation Council of the Federal Assembly of the Russian Federation, the State Duma of the Russian Federation and other regional and municipal officials cannot wait for their full pension for 23 years? Why did they immediately receive a 100% seniority pension from January 1, 2012?
What objectively justifies such differences in the field of pension provision? What constitutionally significant goals do they correspond to? The answer is simple - there are no such differences and constitutionally significant goals!
We fully understand the importance of justice in the State, but at the same time we believe that the introduction of such differences for the same category of federal civil servants has no legal, economic and moral grounds.
Persons performing military service perform constitutionally significant functions, which determines their legal status, as well as the content and nature of the state's obligations towards them. The need for military personnel to fulfill their assigned tasks in any conditions, including those associated with a significant risk to life and health, entails the obligation of the state to guarantee these persons social protection corresponding to their special status.
“Checking the constitutionality of the second part of Article 43 of Federal Law No. 4468-1, the Constitutional Court came to the conclusion that, by establishing the so-called. "reducing factor", the federal legislator has provided for an appropriate mechanism for appropriate compensation and recognized the norm in question as corresponding to the Constitution of the Russian Federation (for example, determinations of July 17, 2012 No. 1433-O, of September 24, 2012 No. 1800-O)."
We agree with the Constitutional Court of the Russian Federation that “by establishing the so-called. "reducing factor", the federal legislator has provided an appropriate mechanism for appropriate compensation. But he provided for something, but the executive branch refused to comply with this norm of the law.
The Constitutional Court of the Russian Federation and you are well aware that the “proper mechanism for appropriate compensation” has not been working for five years now.
So why then refer in the Conclusion to those norms of the law that do not work in real life!?
Why does no one, including the Constitutional Court of the Russian Federation, disclose the essence of the introduction of a reduction factor of 0.54 on military pensions. After all, it is slyly veiled, using the possibilities elementary mathematics, not provided for by any laws, a tax on military pensions of 46%. Even a 5th grade student knows that the number 0.54 corresponds to the percentage figure 54%.
Such legislation and interpretation Russian laws in the direction of the interests of the oligarchs and those close to power, radically undermines the people, military personnel and veterans' faith in the rule of law and discredits public authorities.
“In modern socio-economic conditions, the possibility of such a sharp increase in federal budget expenditures for these purposes seems, at least, disputable.”
But there is money in Russia, and you know it very well.
Lord legislators!
As shown by the latest arrests of corrupt officials and embezzlers of mayors, governors, ministers, colonels of the Ministry of Internal Affairs of the Russian Federation and the continuing sale of the remnants of state property, etc. - there are a lot of banknotes in Russia, but for some reason the authorities do not want to use them to improve the welfare of the people, to develop the real sectors of the economy, but invest them in the purchase valuable papers USA and for holding a wide variety of mass, sports and other international events.
And did the authorities ask the people whether or not, in the midst of the economic crisis, to invest billions in sports infrastructure in order to raise prestige? Maybe this money should have been directed to the economy, to fight poverty (there are more than 24 million poor people in Russia), to increase pensions for citizens and combat capability Armed Forces RF?
Thus, the taxpayers of a number of developed countries, such as Spain, Germany, Sweden, Poland, refused to host the international Games-2022 for economic reasons, recognizing them as a senseless and expensive whim, for which one has to pay not only with money, but with mutilated landscapes, chopped forests, ruined reservoirs.
Here is a worthy example for the authorities of the Russian Federation.
Well, if there really is no money in the budget to abolish the reduction factor of 0.54, then it would be quite fair to introduce this coefficient into the calculation of seniority pensions and for judges, prosecutors and employees of investigating authorities, federal civil servants of the Office of the President of the Russian Federation, the Government of the Russian Federation, the Federation Council of the Federal Assembly of the Russian Federation, the State Duma of the Russian Federation and other regional and municipal officials.
Dear Vladimir Anatolyevich!
I would like to remind you and other representatives of the authorities the words of Emperor Peter I, who punished his descendants in terms of providing for veterans of the “state service”: best of summer dedicated his to me in the service. Give him a full salary and do not force him to serve ... ".
We see that many in power have forgotten or simply ignore this order of Peter I, which, given the current military-political situation, may well lead to the fact that “if the government does not want to feed its own army, then it will feed someone else’s.”
In view of the foregoing, guided by the provision of the Constitution of the Russian Federation (Chapter 1, Article 3, Clause 2), which states that “the people exercise their power directly, as well as through state authorities and local self-government bodies”, in order to further prevent violations of the provisions of the Constitution RF and the elimination of legal conflicts, we DEMAND:
Draft Federal Law No. 631118-6 “On Recognizing Part Two of Article 43 of the Law of the Russian Federation of February 12, 1993 No. 4468-1 “On Pensions for Persons Who Served in Military Service, Service in Internal Affairs Bodies, the State Fire Service, and Control Bodies” as invalid for the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families” to support and, thereby, cancel the application of a reduction factor of 0.54 for military personnel and persons equated to them.
Sincerely,
Chairman of the Internet community
"Military pensioners for Russia and its
Armed forces"
G.A.Zavialov.
Chairman of the Voronezh regional
branches of the All-Russian public
organizations of veterans of the RF Armed Forces
Retired Colonel V.A. Sych
Chairman of the Volgograd Regional
public movement "Committee
protection of military veterans
and other power structures. V.V. Dubachev
Then, on the eve of February 23 - Defender of the Fatherland Day, or as all veterans of military service call it out of habit - Day Soviet army and military navy, deputies. how mockingly they REFUSED TO VOTE FOR CONSIDERATION OF THE BILL!
Now, if Shamanov's words were indeed uttered, then military pensioners are given one more opportunity to hope for a change in legislation in the right direction!
The principles for calculating military pensions differ significantly from the organization of "civilian" pension provision. A number of criteria on the basis of which their size is determined has no analogues in pension legislation for civilians. In this article, we will consider one of these specific factors - the reduction factor for military pensioners in 2018 and the prospects for its abolition.
1 How is military pension calculated
2 Introduction of the reduction factor and its growth
3 When will the reduction factor for military pensioners be canceled
4 Conclusion
HOW THE MILITARY PENSION IS CALCULATED
To understand what the reduction coefficients mean for military pensioners, let's look at how the size of the pension is determined for them.
The principles of its calculation are reflected in the law of February 12, 1993 No. 4468-1 "On pension provision ...".
Military pensioners may receive a retirement or disability pension. In addition, members of the family of a deceased (deceased) serviceman are entitled to receive a survivor's pension.
In all cases, the basis for determining the amount of the pension is the monetary allowance of the serviceman, i.e. his salary including all allowances.
Consider the procedure for calculating the example of a pension for years of service. It is installed in two cases:
With 20 years of service or more.
With a general seniority more than 25 years, of which more than 12.5 years is military or equivalent service.
The pension with a minimum length of service or seniority in both cases is 50% of the monetary allowance. If the experience exceeds the minimum, then in the first case 3% is added for each additional year over 20 years (but not more than 85% of the amount of allowance). In the second case, with a “mixed” length of service, 1% is added for each year after 25 years (Article 14 of Law No. 4468-1).
Thus, the formula for calculating the amount of the superannuation pension will look like this:
P \u003d D x (50% + PRd x Vd), where
D - monetary allowance;
PRd - additional percentage (3% or 1% depending on the option of assigning a pension);
Vd - additional length of service (over 20 or over 25 years).
More precisely, the calculation procedure was the same before military pensions were reduced by a factor in 2012. How it affected the income of retired military men - we will tell in the next section.
INTRODUCTION OF A REDUCING COEFFICIENT AND ITS GROWTH
The allowance included in the calculation formula is determined on the basis of Art. 43 of Law No. 4468-1. In 2010-2011, salaries were significantly increased for servicemen. This should have led to a corresponding increase in military pensions. But on January 1, 2012, a change was made to the law, essentially leaving military pensions at the same level - a reduction factor. The government attributed this to the unstable economic situation and lack of funds in the budget.
Initially, the coefficient was set at 54% with a mandatory annual increase of at least 2%.
In fact, its size grew at a somewhat faster rate. The last time the ratio was increased from February 1, 2017 to 72.23%.
The reduction factor for military pensioners in 2018 will remain unchanged (Law No. 365-FZ of December 5, 2017). This is due to an increase in official salaries of military personnel (and, consequently, pensions) by 4% from January 1, 2018.
Thus, over 6 years, the reduction factor increased by 18.23 percentage points. But before full size pensions are still far away, so all interested parties are concerned about the question: when will the reduction factor for military pensioners be removed?
More on this in the next section.
WHEN THE REDUCING COEFFICIENT FOR MILITARY PENSIONERS WILL BE ABOLISHED
Demands to cancel the reduction factor appeared almost immediately from the moment of its introduction and continue to the present.
The legality of the introduction of this norm was repeatedly checked by the Constitutional Court, which did not find in it a violation of constitutional rights (this is indicated, for example, by the rulings of July 17, 2012 No. 1433-O and of September 24, 2012 No. 1800-O). The Court refers, in particular, to the fact that due to the increase in the base (ie official salaries), the absolute amount of pensions has not decreased. In addition, the law provides for a mechanism for a phased increase in the coefficient, and hence pension payments.
The question of abolishing the reduction factor was also raised in the State Duma. The corresponding bill proposed by the Communist Party faction was considered in February 2017 and rejected.
In addition, as mentioned above, the current growth of the coefficient has also been suspended for 2018.
Thus, the latest news about the abolition of the reduction factor for military pensioners can hardly be considered comforting.
The probability of canceling the reduction coefficient on pensions for military pensioners in 2018 is very small. Most likely, an increase in military pensions in the near future will occur only as a result of an increase in monetary allowance, which is included in the budget for 2018-2020.
CONCLUSION
The reduction factor for military pensions was introduced in 2012. Today, taking into account indexation, its size is 72.23%. Revision or cancellation of this ratio in 2018. not planned.
According to a number of Internet sources, the Chairman of the Committee of the State Duma of the Russian Federation Hero of Russia, retired Colonel-General V.A. according to information from the official website of VVIMO, such a meeting actually took place on September 2, 2017) assured that he intended to achieve the abolition of the reduction factor in military pensions.
Recall that, according to the second part of Article 43 of the Law on pensions for persons who have completed military service, ... the specified monetary allowance is taken into account when calculating pensions from January 1, 2012 in the amount of 54 percent and, starting from January 1, 2013, annually increases by 2 percent until it reaches 100 percent of its size. Taking into account the level of inflation (consumer prices), the federal law on the federal budget for the next financial year and planning period may set the said annual increase for the next financial year in excess of 2 percent. The operation of the said part two of Article 43 of the Law is suspended:
From January 1, 2015 to January 1, 2016 (Federal Law No. 397-FZ of December 1, 2014), from January 1, 2015, the amount of monetary allowance taken into account when calculating pensions in accordance with Article 43 of the Law is 62.12 percent, from October 1, 2015 - 66.78 percent of the amount of the specified monetary allowance.
January 1, 2016 to January 1, 2017 ( the federal law dated December 14, 2015 No. 367-FZ) from February 1, 2016, the amount of the allowance taken into account when calculating the pension in accordance with Article 43 of the Law is 69.45 percent of the amount of the specified allowance.
From January 1, 2017 to January 1, 2018 - (Federal Law of December 19, 2016 No. 430-FZ) from February 1, 2017, the amount of monetary allowance taken into account when calculating pensions in accordance with Article 43 of the Law is 72, 23 percent of the amount of the specified monetary allowance.
It should be specially noted that the provisions of Part 2 of Article 43 of the Law on Pension Provision for Individuals (as amended by Federal Law No. 309-FZ of November 8, 2011) do not apply to judges of the Military Collegium of the Supreme Court of the Russian Federation and military courts, prosecutors (including including military personnel of the military prosecutor's office) and employees of the Investigative Committee of the Russian Federation (including military investigative bodies of the Investigative Committee of the Russian Federation), pensioners from among these persons and members of their families, which many retirees consider unfair.
Why decreased maximum size percentage bonus for long service after the adoption of federal laws on reforming the monetary allowance of military personnel? Previously the size was 70% now 40%.
AT new structure monetary allowance of military personnel with a decrease in the size additional payment in percentage in absolute terms, there is a significant increase in its size (more than 2.5 times) due to a significant (more than 3 times) increase in the salaries of military personnel.
For example: the size of the percentage allowance for the length of service of the regiment commander, colonel with a length of service of 25 years in 2011 is 5756 rubles 80 kopecks ((official salary 4992 rubles + military rank salary 3232 rubles) * 70%). From January 1, 2012 the size monthly allowance for the length of service he will have 15,800 rubles ((official salary 26,500 rubles + military rank salary 13,000 rubles) * 40%), an increase of 2.7 times.
Why will the monetary allowance of servicemen from January 1, 2012 increase by 2-2.5 times, and pensions only by 60%? This violates the rights of military pensioners and is contrary to the Constitution of the Russian Federation. What is the reason for the 60% increase?
From January 1, 2012, the amount of pensions assigned to citizens in accordance with the Law of the Russian Federation dated February 12, 1993 No. 4468-1 "On pensions for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for monitoring turnover of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families” (hereinafter - Law No. 4468-1) will increase by an average of 60 percent, indexation of military pensions will be provided twice a year - from January 1 of each year and from the day of the increase in the salaries of the military personnel, which, in our opinion, cannot be considered as a violation of the rights of military pensioners.
The increase in the size of military pensions by 60% is determined based on the economic capabilities of the state, such an increase, as well as the procedure for indexing military pensions, will ensure that the average amount of military pensions exceeds the average size labor pension by an average of 80% and continue to support material support military pensioners at the proper level due to the annual guaranteed increase in the size of military pensions, including regardless of the indexation of the monetary allowance of military personnel.
As the Constitutional Court of the Russian Federation has repeatedly emphasized in its decisions, the observance of the constitutional principle of equality, which guarantees protection from all forms of discrimination, means, among other things, the prohibition to introduce such differences in the rights of persons belonging to the same category that do not have an objective and reasonable justification ( prohibition of different treatment of persons in the same or similar situations); under equal conditions, subjects of law must be in an equal position; if the conditions are not equal, the federal legislator has the right to establish a different amount social guarantees taking into account differences in their actual situation.
In view of the foregoing, the establishment of a different level of increase in the monetary allowance of military personnel and pensions for citizens dismissed from military service is consistent with the Constitution of the Russian Federation.
Why is the reduction factor of 54% to the amount of pensions not applied to the amount of pensions assigned to employees of the Prosecutor's Office and the Investigative Committee of the Russian Federation?
In accordance with Articles 1 and 9 of the Federal Law of November 8, 2011 No. 309-FZ “On Amendments to Certain legislative acts of the Russian Federation and invalidation of certain provisions of the legislative acts of the Russian Federation in connection with the adoption of the Federal Law "On the monetary allowance of military personnel and the provision of certain payments to them" and the Federal Law "On social guarantees for employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" (hereinafter - Federal Law No. 309-FZ), official salaries of military prosecutors and military personnel of military investigative bodies are established using a coefficient of 1.5, which is not taken into account when calculating pensions in accordance with Law No. 4468-1, and the salaries of employees (who are not are servicemen) of the Prosecutor's Office, the Investigative Committee of the Russian Federation and judges as part of the reform of the monetary allowance of military personnel and employees of internal affairs bodies do not increase. Thus, if the coefficient of 0.54 is applied to the size of their pensions, the size of already assigned pensions will decrease.
Therefore, in accordance with part 6 of article 12 of Federal Law No. 309-FZ, the provisions of part two of Article 43 and paragraph "b" of part one of Article 49 of Law No. 4468-1 (as amended by Federal Law No. 309-FZ) do not apply to judges of the Military Collegium of the Supreme Court of the Russian Federation and military courts, prosecutors (including military personnel of the military prosecutor's office) and employees of the Investigative Committee of the Russian Federation (including military investigative bodies of the Investigative Committee of the Russian Federation), pensioners from among these persons and members of their families. In addition, in accordance with Part 6 of Article 12 of Federal Law No. 309-FZ, the specified categories of citizens from January 1, 2012, the size of pensions are not revised.
Why is it not possible to set a reduction factor of 100% for military pensioners who have reached the age of 60?
Establishing a 100% pension for persons over 60 years of age (i.e. without applying a reduction factor of 54%) will lead to the division of military pensioners into categories depending on the date of their dismissal from service (for example, a 60-year-old pensioner, retired in the military rank of "lieutenant", the pension will be more than that of a 50-year-old colonel).
For example:
We propose to compare the amount of the military pension of a citizen dismissed from military service from a military position as a platoon commander, in the military rank of lieutenant with a length of service of 25 years without applying a reduction factor (who has reached the age of 60 years), and the amount of a military pension of a citizen dismissed from military service from a military position regiment commander, in the military rank of colonel with 40 years of service in preferential calculation(who retired at the age of 50) with a reduction factor applied.
Lieutenant, platoon commander, 25 years of service - 20,000 + 10,000 + (30,000*40%) = 42,000, 42,000*65% = 27,300 rubles. Colonel, regiment commander, 40 years of service - 27,000 + 13,000 + (40,000 * 40%) \u003d 56,000, 56,000 * 54% \u003d 30,240, 30,240 * 85% \u003d 25,704 rubles.
A pension for citizens dismissed from military service (service) is assigned not for age, but for length of service.
Its size depends only on three parameters at the time of dismissal from military service:
1) position held;
2) assigned military rank;
3) duration of service.
The existing pension system should encourage military personnel to advance in their service, including to receive a higher pension.
The State Duma adopted and entered into force the Federal Law of July 22, 2008 No. 156-FZ "On Amendments to Certain Legislative Acts of the Russian Federation on Pension Provision", which granted military pensioners who continued to work after dismissal from military service the right to receive old-age labor pension (minus a fixed base size the insurance part of the old-age labor pension) through the Pension Fund of the Russian Federation, simultaneously with the receipt of a military pension. An old-age labor pension is assigned to men upon reaching 60 years of age and to women - 55 years of age.
Why exactly did military pensioners have a reduction factor to the size of their pensions, while other pensioners do not have it?
The legislation of the Russian Federation, in particular Federal Law No. 58-FZ “On the System of the Public Service of the Russian Federation”, establishing various types of public service that make up the system, determines uniform approaches to the organization, functioning and performance of the public service. At the same time, the possibility is provided for the normative identification of features, principles and differences that determine the specifics of each type of public service in this system.
Consequently, in the legislative establishment of the basic conditions for the passage of public service, the possibility of introducing differences in legal status persons passing public service in public service positions various kinds, including definitions special rules relating to the conditions of state pension provision of citizens who have served in the public service, in order to fairly, reasonably take into account the specific factors of the performance of civil servants.
For example, for federal civil servants there are limits on the size of the pension and the timing of the payment of the pension.
To calculate the pensions of federal state civil servants, all types of wages are taken into account, however, in accordance with Article 21 of the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation”, the amount from which their pensions are calculated ( average monthly salary) cannot exceed 2.8 of the official salary.
Military pensioners, in accordance with Law No. 4468-1, are entitled to a seniority pension regardless of age, at the same time, in accordance with Federal Law No. 166-FZ of December 15, 2001 "On State Pension Provision in the Russian Federation", federal State civil servants are entitled to a superannuation pension only simultaneously with an old-age labor pension, i.e. upon reaching the age of 60 for men (55 for women), regardless of the time when the length of service necessary for granting a pension was acquired.
I draw your attention to the fact that the size of the old-age labor pension in accordance with the Federal Law of December 17, 2001 No. 173-FZ "On labor pensions in the Russian Federation" is established based on the amount of insurance premiums received on the individual personal account of the employee in pension fund Russian Federation. Currently, the amount of insurance premiums is 26% of the employee's salary. At the same time, the amount of wages on which accrue insurance premiums, is also limited to 463,000 rubles per year.
At the same time, Article 2 of Federal Law No. 309-FZ amends Law No. 4468-1, according to which an annual growth of two percent of the “54% coefficient” is established, and, in addition, it provides for the possibility of increasing this coefficient in the amount exceeding 2 percent.
Why was the information about the introduction of a reduction factor hidden, and only the invariability of the procedure for calculating the pension was said (50% for 20 years of service + 3 percent for each year, but not more than 85% of the corresponding amounts of monetary allowance - articles 13 and 14 of Law No. 4468-1) ?
Information about the “reducing factor of 54%” cannot be hidden, since it is indicated in the text of the bill, and all materials on reforming the monetary allowance of military personnel are posted on the official website of the State Duma www.duma.gov.ru in the section “Legislative activity” - “Automated Legislative Activity Support System”, then the transition to bills No. 556556-5 “On the monetary allowance of military personnel and the provision of certain payments to them” and No. 556510-5 “On Amending Certain Legislative Acts of the Russian Federation and Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid in connection with the adoption of the Federal Law "On the monetary allowance of military personnel and the provision of certain payments to them" and the Federal Law "On social guarantees for employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" and were distributed to each deputy of the State artistic Duma.
At the same time, these bills do not directly contain information that articles 13 and 14 of Law No. 4468-1 are not changed or repealed, but will continue to operate in current form, which, judging by the numerous appeals of citizens, requires additional clarification.
Why did the State Duma adopt federal laws on reforming the monetary allowance of military personnel without establishing salaries for the monetary maintenance of military personnel, because in such a situation it is impossible to determine the level of increase in the monetary allowance of military personnel and pensions of military pensioners?
During the adoption in the second reading of the bills on reforming the monetary allowance of military personnel by the Government of the Russian Federation, the deputies of the State Duma were presented with draft resolutions of the Government of the Russian Federation, which contained data, among other things, on the salaries of military personnel.
Dear Vladimir Volfovich! In 2012, the Ministry of Defense of the Russian Federation submitted a draft law on a reduction factor of 0.54% to the State Duma for consideration. which the deputies accepted. Hundreds of thousands of military pensioners began not to receive their honestly earned pension. All appeals to various authorities, the Government of the Russian Federation, and others, including the President of the Russian Federation, remained unheeded.
Elections are coming up this year State Duma RF. Our votes will be received only by the party that will undertake the protection of this category of citizens, only those single-mandate candidates who will hear our demands.
April 20, 2016 G. Belgorod
APPEAL TO THE GOVERNMENT OF THE RUSSIAN FEDERATION OF THE RESERVE AND RETIRED OFFICERS OF THE BELGOROD NON-GOVERNMENTAL REGIONAL ORGANIZATION "BATTLE BROTHER" of the Russian Federation and the invalidation of certain provisions of the legislative acts of the Russian Federation in connection with the adoption of the Federal Law "On the monetary allowance of military personnel and the provision of certain payments to them" and the Federal Law "On social guarantees for employees of the internal affairs bodies of the Russian Federation and amendments to certain legislative acts of the Russian Federation" (hereinafter - Federal Law No. 309-FZ), which was developed by the Ministry of Defense of the Russian Federation, headed by Serdyukov A.E. Article 2 of this law supplemented article 43 of the Law of the Russian Federation of 12.
02. 1993 No. 4468-I "On pensions for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system and their families "(hereinafter - the Law of the Russian Federation of February 12, 1993 No. 4468-1) part two, as follows:" The specified monetary allowance is taken into account when calculating pensions from January 1, 2012 in the amount of 54 percent ... ".
The provisions of part two of Article 43 of this Law (as amended by Federal Law No. 309-FZ of November 8, 2011) shall not apply to judges of the Military Collegium of the Supreme Court of the Russian Federation and military courts, prosecutors (including military personnel of the military prosecutor's office) and employees of the Investigative Committee of the Russian Federation (including the military investigative bodies of the Investigative Committee of the Russian Federation), pensioners from among the said persons and members of their families. Valid until 01.01.2012 Edition of article 43 of the Law of the Russian Federation of 12.
02. 1993 No. 4468-1 ″ On the provision of pensions for persons who have served in the military ... ”provided, when calculating pensions for all pensioners of the Ministry of Defense of the Russian Federation and persons equivalent to them, including for military judges, military prosecutors and investigators, to take into account monetary satisfaction in the amount of 100%. In accordance with Part 1 of Art. four Civil Code RF acts of civil legislation do not have retroactive effect and apply to relations that have arisen after their entry into force.
The operation of the law extends to relations that arose before its entry into force, only in cases where this is expressly provided for by law. However, part 2 of Art. 43 of the Law of the Russian Federation of 12. 02. 1993 No. 4468-I (as amended on November 8, 2011), containing the norm "The specified monetary allowance is taken into account when calculating pensions from January 1, 2012 in the amount of 54 percent ...", Federal Law No. 309-FZ, supplementing Art.
43 of the Law of the Russian Federation No. 4468-I part 2, containing the specified norm and the Decree of the Government of the Russian Federation dated December 5, 2011 No. 992 "On the establishment of salaries for the monetary maintenance of military personnel undergoing military service under the contract", do not contain a direct indication that its provisions apply to pensioners who were assigned before January 1, 2012, i.e. that their provisions apply to relations that arose before its entry into force.
The Law of the Russian Federation of February 12, 1993 No. 4468-1 (as amended on November 8, 2011) generally determines that 54% of the monetary allowance is applied when calculating pensions from January 1, 2012. It is assumed when calculating the pension for retired servicemen after January 1, 2012. However, the Ministry of Defense of the Russian Federation, in violation of the Law of the Russian Federation dated 12.
02. 1993 No. 4468-1 (as amended on November 8, 2011) issues a by-law - Instructions of the Department of Social Guarantees No. 182/3/1/1085 dated December 6, 2011, signed by Ms. A. Kondratyeva, who demanded "Up to On December 10 of the current year, REVIEW the amount of pensions for pensioners of the Russian Ministry of Defense and send them to the territorial offices of the Savings Bank of Russia Required documents for the payment of pensions in December 2011 for January 2012, calculated from 54 percent of the amounts of the corresponding monetary allowance, ...”. Thus, she exceeded her powers, the status of this by-law, demanding a REVIEW of the amount of pensions and violated paragraph 2 of Article 39 of the Constitution of the Russian Federation, which says - " State pensions and social benefits established by law."
In addition, Article 4 of the Federal Law of the Russian Federation of December 15, 2001 No. 166-FZ "On State Pension Provision in the Russian Federation" (as amended on 01.07.
2011) unequivocally defines the timing of the appointment of a pension: "Pension according to the state pension provision appointed to next term: 1) long service pension (with the exception of long service pensions for federal state civil servants and long service pensions for citizens from among the employees of the flight test staff established for a disability labor pension) - PERMANENTLY ... ". It follows from this that the pension for long service is calculated once when it is appointed for life, and in the future, in accordance with Article 49 of the Law of the Russian Federation of February 12, 1993 No. 4468-1, it is only revised.
Therefore, the application by the Ministry of Defense of the Russian Federation for pensioners who received the status of a pensioner before 1. 1. 2012, the provisions of Art. 43 when reviewing pensions with reference to the Federal Law of the Russian Federation of 08.11.2011
No. 309-FZ is illegal, because its subject of regulation is the APPOINTMENT of pensions, and it has already been assigned to them earlier. And even more so, no by-law of the Department of Social Guarantees is authorized to cancel the provisions of the federal law that determines the previously established procedure for calculating pensions, which is enshrined in paragraph 1 of Art. 1 Chapter I of the Federal Law of the Russian Federation dated 15.
12. 2001 No. 166-FZ, where it is said - "Changing the conditions and norms for the appointment and payment of pensions for state pensions provided for by this Federal Law is carried out only by amending and supplementing this Federal Law." Such interpretation and application of the Law is consistent with the Constitution of the Russian Federation and decisions of the Constitutional Court of the Russian Federation. In the Decree of July 9, 2009 No. 12-P (p.
5. 1) The Constitutional Court of the Russian Federation stated: “At the same time, when establishing the appropriate legal regulation and making changes to it, the legislator must proceed from the inadmissibility of issuing laws in the Russian Federation that abolish or detract from the rights of citizens (Article 55 Part 2 of the Constitution of the Russian Federation), and base their decisions on constitutional principles and norms, both fixing the constitutional status of the individual for all citizens of the Russian Federation, and stipulating the special status of certain categories of citizens, while not allowing a decrease in the achieved level of their social protection. In Ruling No. 89-O of April 4, 2006, the Constitutional Court of the Russian Federation stated: “Meanwhile, the state cannot arbitrarily change the status of such persons already recognized by it and reduce the volume of social guarantees due to this status, since otherwise the authority of state power, respect citizens to the law, the dignity of the individual is diminished. According to the legal position of the Constitutional Court of the Russian Federation, formulated in the Decree of May 24, 2001 No. 8-P ... and repeatedly confirmed in a number of subsequent decisions, the legislator should change the previously established benefits and social guarantees in such a way that the principle of maintaining citizens' trust in the law is observed and the actions of the state, which presupposes legal certainty, the preservation of reasonable stability of legal regulation, the inadmissibility of introducing arbitrary changes to the existing system of norms, the predictability of policy in the social sphere, so that participants in the relevant legal relations can reasonably foresee the consequences of their behavior and be confident in the immutability of their officially recognized status, acquired rights, the effectiveness of their state protection, i.e.
E. That the right acquired by them on the basis of the current legislation will be respected by the authorities and will be implemented. Otherwise legal regulation, in essence, will mean the abolition for them of the rights acquired in accordance with the previous legislation and exercised in specific legal relations, which is incompatible with the provisions of Articles 1 (part 2), 2, 18, 19 (parts 1 and 2), 54 ( part 1), 55 (part 2) and 57 of the Constitution of the Russian Federation. The Resolution of the Constitutional Court of the Russian Federation dated April 20, 2010 No. 9-P states: “At the same time, introducing new legal regulations and recognizing the former ones as invalid, the federal legislator - by virtue of Articles 1, 2, 17 (Part 1), 18, 19, 54 (Part 1) and 55 (Parts 2 and 3) of the Constitution of the Russian Federation - is obliged to observe the principles of justice, equality and maintaining citizens' confidence in the law and the actions of the state and is not entitled to give retroactive effect to the new regulation if it worsens the legal status of the individual, restricts his subjective rights that already exist in specific legal relations. Thus, the application by the Ministry of Defense of the Russian Federation to pensioners of the Ministry of Defense of the Russian Federation and persons equated to them (except for military judges, military prosecutors and investigators) who have received the status of a pensioner up to 1.
1. 2012 of part 2 of Art. 43 of the Law of the Russian Federation No. 4468-I (as amended on November 8, 2011), containing the provision on calculating a pension based on 54% of the monetary allowance, is illegal and contradicts paragraph 2 of Art. 19 of Chapter 2 of the Constitution of the Russian Federation, where it is said "The state guarantees the equality of the rights and freedoms of man and citizen, regardless of gender, race, nationality, language, origin, property and official status, place of residence, attitude to religion, beliefs, membership in public associations, and as well as other circumstances. Any form of restriction of the rights of citizens on the grounds of social, racial, national, linguistic or religious affiliation is prohibited.”
This is confirmed by the fact that when, from January 1, 2013, the salaries of military judges, military prosecutors and investigators were significantly increased, the pensioners of these categories, dismissed before January 1, 2012, did not begin to apply the monetary allowance for calculating a pension (DDIP) in the amount of 54%. , but continued to use 100%. Conclusion: 1. The Ministry of Defense of the Russian Federation does not have the right to retroactively apply a new regulation that limits the amount of monetary allowance taken into account for calculating pensions in relation to pensioners who received the status of pensioners before 01.01.2012, since in relation to this category of persons, such a restriction reduces the previously achieved amount (level) of monetary allowance, taken into account for calculating pensions, from 100% to 54%.
2. From January 1, 2012, all pensioners of the Ministry of Defense of the Russian Federation and persons equivalent to them who received the status of a pensioner before January 1, 2012 should retain the right to calculate a pension based on 100% of the monetary allowance taken into account for calculating the pension, and not only for military judges, military prosecutors and investigators. The correctness of the conclusions is confirmed by Part 1 of Article 15 of the Constitution of the Russian Federation, which says - “The Constitution of the Russian Federation has the highest legal force, direct effect and is applied throughout the Russian Federation. Laws and other legal acts adopted in the Russian Federation must not contradict the Constitution of the Russian Federation.”
Based on the foregoing, PLEASE:
1. Take measures to restore constitutional rights and social guarantees for all pensioners of the Ministry of Defense of the Russian Federation and persons equivalent to them who received the status of a pensioner before 01.01.2012 in terms of the abolition of the reduction coefficient of 0.54 for them. The appeal was adopted at the conference Belgorod Public Regional Organization
" The Brotherhood of War"