Russian legislation contains a lot of regulatory acts regulating the methods and procedure for social protection of citizens. On two such documents, but more specifically, the FZ of the Russian Federation governing the procedure for payments and accruals on labor and insurance pensions, we offer to stay in more detail today.

Federal Law on Labor Pensions in the Russian Federation

For a long time in Russia, an exclusively used FZ of the Russian Federation on labor pensions in the Russian Federation of 12/17/2011 173-FZ was actively used. The law regulated the procedure for pension calculations, retirement age and other important points for state support for carefree old age.

In 2013, the Pension System of Russia and all its federal regions has undergone significant changes, and since January 2015, NO173, which regulates the procedure for making an employment experience and relevant accruals, is used only in extreme variations. It, almost completely, replaced the new bill: FZ of the Russian Federation 400, regulating the procedure for insurance pensions adopted in December 2013.

The new government project completely changed the concepts: if earlier for pension calculations, state bodies were guided by extremely labor experience, then today it has no such meaning, now is taken into account the insurance, i.e. Periods when a citizen of the Russian Federation made contributions to the FIU (insurance deductions are taken into account). We offer to deepen in the basic theses and concepts.

Law 400-RF about labor pensions in the Russian Federation in the last revision with comments

In this FZ of the Russian Federation, regulating the procedure for employment accruals is established:

1. General provisions and concepts.
2. Types of pension calculations:
   in old age;
   by disability;
   By loss of the breadwinner.
3. The main interpretation of the concept of "insurance experience".
4. The procedure for pension calculations, according to this meaning.
5. Dimensions and formulas of accruals.
6. Right to early retirement.
7. Delivery of payments, the order of retirement on insurance will face and other points.

In fact, this federal law is largely repeated by the previous bill (about employment charges), but comments on each article explains the main difference, and give an understanding of their complete difference. The most important theses are fixed in the part of this FZ, which regulates the procedure for accounting (introduction) of insurance experience. In particular, to this, in addition to working time, taking into account the constant contributions to the PF of the Russian Federation, include such a list:

• passing military or equivalent service;
• payments for temporary disability;
• care for every born or adopted child (here it is specified: this period in the general SCEDE should not exceed 6 years);
• periods that the citizen was listed in the employment service;
• periods in which citizens were in custody either departed a sentence, but subject to their further rehabilitation;
• citizen care periods over 80 years old, or for disabled group 1, incl. takes into account the time of child care disabled;
• the periods in which the family of a military contractor did not have the opportunity to work out and with the condition that at this time was with him at the place of his service;
• the time of diplomatic work abroad (maximum - 5 years).

In the state of the Federal Law, it is indicated that all these periods are taken into account for providing government insurance pensions of citizens only if before and after them, the appropriate person regularly made (without deduction) insurance transfers to the FIU. You can get acquainted with the full text of this bill or download it online with add-ons and comments on profile resources, for example, on the portal consultant plus.

By the way, to find the law on insurance pensions in the Russian Federation, 2017, acting, with comments, you can in the next article.

173 ФЗ last changes today and comments

This Law 173 of the Russian Federation on labor pensions in the Russian Federation in the last revision from the beginning of 2015 (more specifically from January) is no longer applied. Exception - head number two, items and subparagraphs regulating the procedure for pension calculations (in this version of labor) for the further possibility of determining the insurance experience, but only on a part that is not in contradiction with the Federal FZ of the Russian Federation NO400.

This law (FZ No. 173) shares the labor pension into two parts: cumulative and insurance. The first part of citizens are assembled independently in their own account, the second - guarantees the state, so the experience is important for it. The new edition also has information about reducing the allowance for working retirees, but they only touch those of them who have an average annual income of more than 1 million rubles.

Every working person, throughout all working years, is obliged to pay contributions to the Social and Insurance Funds of the Russian Federation. There are deductions for receiving a pension when achieving a certain age and insurance experience. All nuances relating to the size of pension payments and the methods of their accrual are described in the Federal Law No. 400.

In 18 article FZ No. 400 indicates the conditions for conducting indexing pensions of working pensioners. Recalculation (increase, decrease) payments are made by the formula:

SPS \u003d SPTP + (IPKI / K / KN X SCTK), Where

• SPR - the size of old-age payments, disability, on the occasion of the loss of the breadwinner;
• SPTP - the prescribed pension amount for 31 Julia, which calculates;
• IPKI is an individual pension coefficient;
• K is a special coefficient;
• KN - the second special coefficient;
• SEC - the cost of one pension coefficient.

By law, the minimum pension is established on the basis of the subsistence minimum. Therefore, according to law, it cannot be lower than the emerging minimum.

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Insurance payments are appointed within certain periods established by the Law of Russia:

• old-age payments are charged from the next day after dismissal from work. It is necessary to apply for this pension to the maximum period of 30 days after dismissal;
• insurance payments for disability are appointed from the day of the person's recognition by disabilities if he or his representative appealed to accrual during the year from the date of the establishment of the fact of disabilities;
• to get a pension on the occasion of the loss of the breadwinner, according to the law, you should contact within the year from the death of this person.

All nuances of the accrual of pensions and their payments are detailed in law No. 400. You can get acquainted with the last editors of the Federal Law "On Insurance Pensions". Consider the changes made in detail, according to Law No. 143, you can

Federal Law N 173-FZ dated December 17, 2001, as amended from 01/8/2015, with changes that have entered into force on 01.01.2015 on labor pensions in the Russian Federation regulates the procedure and procedure for issuing a labor pension in the Russian Federation in accordance with the Federal Law on Commitable Pension Insurance . The same law regulates the procedure and procedure for issuing labor pensions for disability in the Russian Federation (Article 8 of Chapter II and Article 15 of Chapter III). The Federal Law N 173-FZ has been tightened since 2001, changes are regularly made to stipulate compulsory pension insurance in the Russian Federation.

the Russian Federation

Federal Law of December 17, 2001 N 173-FZ (ed. Dated December 28, 2013, with amendments that have entered into force on 01.01.2015) "On labor pensions in the Russian Federation"

This federal law in accordance with the Constitution of the Russian Federation and the Federal Law "On Compulsory Pension Insurance in the Russian Federation" establishes the basis of the emergence and the procedure for the implementation of the right of citizens of the Russian Federation to labor pensions.

1. Related to a common accident damage from death or damage to the cargo are determined in accordance with the cost of cargo at the time of its unloading, installed on the basis of the trading account, exposed to the recipient, in the absence of an account - on the basis of the cost of cargo at the time of its shipment.

The cost of cargo at the time of its unloading includes insurance and freight costs, unless freight is at the risk of the cargo owner.

2. In the case of a damaged cargo, the losses related to the common accident range to the difference between the cost of cargo in the intact state, determined in accordance with paragraph 1 of this article, and the clean revenue from the sale of cargo.

3. Losses from damage or death of objects immersed to the vessel without the knowledge of the shipowner or its agents, as well as from damage or death of goods, which deliberately surrendered to transportation with the wrong name are not recognized as a common accident. In the event that such property is saved, its owners are obliged to participate on the general basis of contributions for a common accident.

Cargo owners, the cost of which, when passing them for transportation, declared below their actual cost, are involved in contributions for a common accident in accordance with the real value of goods, but they receive compensation of losses only in accordance with the value announced.

1. Errors in the calculations found in the disparse after its registration in the PRESS registry can be corrected by the dispensary on its own initiative or by the application of those between which the overall accident is distributed through the preparation of the addition to the dispatch (addundum), which is its component.

2. Persons between who is distributed by a common accident can challenge the dispatch in court within six months from the date of receipt of the dispensary or the addundum to it with the obligatory notice of this dispensary by sending it a copy of the claim.

3. The dispensary is entitled or, if necessary, it is obliged to take part in the consideration of the dispute about the dispatch in court and give explanations on the merits of the case.

4. The court considering the dispute about the dispatch can leave a dispass in force, to make changes to it or cancel it and instruct Dispachera to make a new dispass in accordance with the court decision.

1. In case the collision of the courts occur randomly or due to an insurmountable force or it is impossible to establish the causes of the collision of the courts, the losses are the one who suffered them.

2. The rule established by clause 1 of this article is applied in the event that the vessels or one of them were at the time of the collision anchored or were fixed in other ways.

1. In order to limit its liability for damage from pollution in accordance with this Code, the owner of the vessel must create a fund of liability limitations for a total amount equal to the limit of its responsibility, in court or arbitration court, in which it is claimed to reimburse damage from contamination or It may be presented in accordance with the competence of the court or the Arbitration Court, established by Article 325 of this Code. Such a fund can be created through the deposit of the Court or the Arbitration Court or providing a bank guarantee or other financial support that is acceptable in accordance with the legislation of the Russian Federation and recognized by sufficient judgment or an arbitration court.

2. Expenditures and donations are insignificant, because they are reasonable and made by the owner of the vessel voluntarily in order to prevent or reduce damage from pollution, give him such rights to the limit restriction fund, which other lenders have.

3. The insurer or other person provided a person has the right to create a fund of liability limitations in accordance with this article on such conditions and such an importance as if the Fund was created by the owner of the vessel. Such a fund can be created if, even in accordance with this Code, the owner of the vessel cannot limit its responsibility. The creation of such a fund does not affect in this case the rights of the victims in relation to the owner of the vessel.

4. The limit limit fund created in accordance with paragraph 1 of this article shall apply to the Rules on the distribution of the Liability Restriction Fund established by this Code.

5. In the event that the owner of the ship after the incident created the Limit Foundation in accordance with this article and has the right to limit the responsibility:

no person who requested damages from contamination caused by this incident has no right to meet such a claim at the expense of any other property owner of the vessel;

the court or the Arbitration Court makes a decision on the release of the vessel or other owner of the property of the property, which is imposed by arrest on the request of damages from contamination caused by such an incident, and also frees any deposit or other provision provided to prevent such arrest.

The rules established by this clause are applied in the event that a person who requires compensation for damage from pollution has the right to defense in court or arbitration court that manage the responsibility limit fund, and such a fund can be really used to meet the requirement of such a person.

1. In case of damage as a result of the incident with

Old-age pensions are benefits that are paid every month. The size of pension payments may differ. The amount of benefits depends on the duration of the employment experience or other charitable activities, useful for society.

Insurance pension in old age - payment, which is accrued to insured person every month.

Its size is calculated by several indicators:

• The magnitude of wages;
• The magnitude of remuneration or other payments;
• The period of lost disability due to disabilities and / or old age (FZ on conditions for disabled).

The structure of the Pension Fund has changed significantly recently. Now to get old-age retirement, you need to work officially. By law, employers for their employees pay monthly insurance premiums. The size depends on the magnitude of the salary. From it, interest on pension payments are calculated.

Please note: the amount of payments depends on the current salary size.

All laws on RF pensions are presented below:

• Federal Law "On Insurance Pensions", which was adopted in 2013;
• Federal Law No. 385 "On Cancellation of Indexing Pensions Working Pensioners";
• FZ №424 "On the accumulative pension";
• Federal Law No. 422 "On guaranteeing rights in the formation and investing of pension savings";
• FZ.

The procedure for accrualing pensions in the Russian Federation

In the federal law, number 400 contains information on the calculation of the old age pension. It presents the formula for calculation:

SP \u003d (CPB * Sat) + FV

CPB - The number of points that were accumulated by the insured person until the pension is charged. Pension points - an indicator that will be needed to calculate the pension. It began to be used after the reform entered. The amount of points depends on the length of the experience, the amount of deductions and the size of the official salary.

Sat - Cost of score. This figure varies every year and is established by the Government of the Russian Federation.

FV - Fixed payment for pension. It is established by the state. Its size in 2017 - 4805.11 rubles.

As the federal law says, consult a pension payment to one of the following institutions:

• Department of the Pension Fund of Russia;

You can also make a payment in the Personal Account on the Portal of the State Pension Fund of Russia.

Documents for registration:

• Application for the appointment of a monthly benefit;
• Identity card (passport);
• Reduss;
• Employment history;
• Other documents confirming work experience.

The pension fund does not have data until 2002. For this reason, it is necessary to provide documents by which you can calculate points. The period for the calculation is 60 months or 5 years (until 2002).

The law states that the documents are verified within 10 days. Pension is paid from the date with which the application is submitted. It is impossible to get paid earlier. However, lawyers advise submitting documents until retirement.

Subsequent pensions are paid once a month according to the procedure established by the Government.

The place of issuing money depends on the choice:

• Russian Post: Home or In the Department;
• Bank: on a plastic card or cashier;
• Special payments delivery companies.

Is labor experience important?

The duration of the employment experience is reflected in the amount of pensions and different state supports intended for pensioners. Therefore, labor experience is important only to persons retirement age. In the USSR, such an experience was more important. However, working for a long time in one company did not always work, even if the desire remains. Therefore, the advantages of continuous employment less than flaws.

In principle, the influence of continuous experience on the final amount of payment is the same as the usual. However, now citizens themselves choose how much and where to work. The main thing is to have the required number of years of experience before the onset of retirement age.

Many are wondering how to restore the work experience in law? Information about the work experience can be lost only if you could not find a workbook or it was damaged. If a person has lost his labor book, he must immediately contact the employer at the last place of work.

Please note: duplicate is issued within 15 days after the application is adopted.

Recent changes in the law for pensioners

The federal law "On the budget of the Pension Fund of the Russian Federation for 2017 and for the planning period of 2018 and 2019" was adopted by the State Duma on December 9, 2016, and approved by the Federation Council after 5 days of the same year. Amendments were also amended.

Article 2.

In the article, two federal law defines the main administrators of the budget fund income, as well as:

• The list of main administrators of the budget revenues of the Fund in accordance with Appendix 1 is approved;
• The list of main administrators of sources of funding for the budget deficit of the Fund for Annex 2 of this federal legislation is approved.

Article 6.

In Article 6 of this Law, the peculiarities of the decision on the use of budget allocations are identified. Cash is coming from the State Fund to the budget for the payment of an insurance pension. In other words, they are sent to financial support for insurance pensions.

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The federal law "On the budget of the Pension Fund of the Russian Federation for 2017 and for the planning period of 2018 and 2019" determines the amount of pension payments for 2017-2019. It made the exact amounts of dedicated funds, which are distributed in various categories of citizens.

To see more details with this Federal Law, analyze amendments and additions, go to.

Pension reform 2015 is a kind of next step in the development of the pension system and legislation that regulates it. However, now, both before analysts, and before ordinary citizens, the question arises, and whether this step was a step backwards? Is the right pension system? Of course, clear, and the main thing is not the right answer to this question.

In order to understand the essence of this reform, it is necessary to analyze the legislation governed by the pension system until 2015, and then evaluate how it was changed by the current new laws.

Legislation before reforming the pension system

Before the introduction of new laws (it is her, we will be considered as the most common in the Russian Federation) was calculated and appointed in accordance with the Federal Law of December 17, 2001 N 173-FZ. Based on this document, this document can be determined as a monthly monetary payment appointed by the insured persons who have lost disability in connection with, or if they were such persons (breadwinters) and ceased to receive livelihoods in connection with their death.

When considering the pension system until 2015, the fact that was a single payment consisting of insurance and accumulative parts.

Law N 173-FZ "On labor pensions in the Russian Federation"

As mentioned above, the main document before 2015 was the Federal Law "On labor pensions in the Russian Federation". All with regard to payments and conditions for which the appointment took place was exactly in it. For a better understanding of the changes that the reform of the 2015 pension system brought, it is worth identifying the highlights that are reflected in this document.

Types of labor pensions:

• - This type of retirement payments is appointed to persons who have been established. disability;
• - is paid to disabled dependents of insured persons in the event of their death;
• - It is appointed to men and women of 60 and 55 years, respectively, if they have an insurance experience at least 5 years.

It is also worth noting such a thing as the period during which the Pension Fund of the Russian Federation (FIU) came.

An important factor was including the indexation of the size of the labor pension, the possibility of early access to it with certain categories of citizens, as well as the implementation of the recalculation of the amount of payments in the event that citizens had circumstances for this.

Until 2015, the main components of the formulas for calculating labor pensions were such values \u200b\u200bas: basic size, the amount of pension savings, the expected payment period and the coefficient (insurance experience in months / 180 months).

New Pension Reform of 2015 in Russia

From 2013 to the end of 2014, the State Duma developed draft laws that were to the third time (over the past 25 years) reform the system concerning labor pensions.

The main change that brought, appeared abolition of labor pension As such: now, instead of the two components of the parts, two independent pensions appeared, the calculus and purpose of which are governed by two different laws - this is.

In addition, the new legislation has changed the formula for which the insurance pension is calculated - now it presents an individual pension rate (pension score or IPC), as well as its value. It is these quantities that are determining since 2015 when calculating insurance pension provision.

Changes in pension legislation

First of all, it is worth a look at the real steps that the country's leadership already made in this area:

• increase retirement age for civil servants;
• freezing of pension savings;
• change rules.

Unambiguous answer to the question "What way will the retirement system develop?", of course not. However, it can be seen that the Ministry of Finance and the Ministry of Labor are lobbyed (which, in the opinion of experts, can be prolonged into life already in 2017), in fact, which reduced those advantages that could be found in reform 2015:

• termination of pension payments and;
• once again planned change the procedure for the formation of a cumulative pension - Now capital will have to be formed from conditionally voluntary contributions.

Conclusion

Reforming 2015 can be treated in different ways: someone will see the pros, someone will ratify on complication. However, the only thing that citizens can do in this situation are more savvy in the pension sphere: read literature, follow the news, finally, do not be shy to seek advice to employees of pension offices.

With 100% confidence to say whether the retirement system was reforming in the right direction, so far no one - Even among people who made these laws for consideration in the House of Parliament, they still do not destroy the disputes, whether it needed to be a society and the country.