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Pension legislation of the Russian Federation. Pension reform laws

Each working person, throughout all working years, is obliged to pay contributions to the social and insurance funds of the Russian Federation. Contributions are made to receive a pension upon reaching a certain age and insurance period. All the nuances regarding the amount of pension payments and the method of their calculation are described in Federal Law No. 400.

Article 18 Federal Law No. 400 specifies the conditions for indexing the pensions of working pensioners. Recalculation (increase, decrease) of payments is made according to the formula:

SPst \u003d SPstp + (IPKi / K / KN x SPK), where

  • SPst - the amount of payments for old age, disability, on the occasion of the loss of a breadwinner;
  • SPstp - the established amount of the pension on July 31 of the year in which the calculation is made;
  • IPCi - individual pension coefficient;
  • K is a special coefficient;
  • КН - the second special coefficient;
  • SPC is the cost of one pension coefficient.

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

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Insurance payments are assigned within certain periods established by the law of Russia:

  • old-age payments are accrued from the day after the dismissal from work. You must apply for this pension within the maximum period of 30 days after dismissal;
  • disability insurance payments are assigned from the day the person was recognized as disabled, if he or his representative applied for accrual within a year from the date the fact of disability was established;
  • in order to receive a survivor's pension, according to the law, one must apply within a year from the date of death of the person.

All the nuances of calculating pensions and their payments are detailed in Law No. 400. You can familiarize yourself with the latest version of the Federal Law "On Insurance Pensions". You can consider in detail the changes made, according to Law No. 143, at

Russian legislation contains a lot of regulations governing the methods and procedures for social protection of citizens. On two such documents, and more specifically on the Federal Law of the Russian Federation, which regulate the procedure for payments and accruals for labor and insurance pensions, we propose today to dwell in more detail.

Federal law on labor pensions in the Russian Federation

For a long time in Russia, only the Federal Law of the Russian Federation on labor pensions in the Russian Federation of December 17, 2011 173-FZ was actively used. The law regulated the procedure for pension accruals, the retirement age and other important points for state provision for a carefree old age.

In 2013, the pension system of Russia and all its federal regions underwent significant changes, and since January 2015, Federal Law No. 173, which regulates the procedure for entering work experience and related charges, has been used only in extreme variations. It was almost completely replaced by a new bill: Federal Law of the Russian Federation 400, which regulates the procedure for insurance pensions, adopted in December 2013.

The new government project has completely changed the concept: if earlier state bodies were guided exclusively by seniority for pension accruals, today it does not have such a value, now insurance is taken into account, i.e. periods when a citizen of the Russian Federation made contributions to the FIU (insurance contributions are taken into account). We offer to delve into the main theses and concepts.

Law 400-RF on labor pensions in the Russian Federation in the latest edition with comments

This Federal Law of the Russian Federation, which regulates the procedure for labor accruals, establishes:

  1. General provisions and concepts.
  2. Types of pension accruals:
    old age;
    by disability;
    by the loss of a breadwinner.
  3. The main interpretation of the concept of "insurance experience".
  4. The order of pension accruals, according to this value.
  5. Sizes and formulas of accruals.
  6. The right to early retirement.
  7. Delivery of payments, the procedure for retirement according to the length of service and other points.

In fact, this Federal Law largely repeats the previous bill (on labor accruals), however, the comments to each of its articles explain the main difference, and give an understanding of their complete difference. The most important theses are fixed in part of this Federal Law, which regulates the procedure for accounting (introducing) the insurance period. In particular, to such, in addition to working hours, taking into account constant contributions to the Pension Fund of the Russian Federation, include the following list:


  • the passage of military or equivalent service;
  • payment of benefits for temporary disability;
  • care for each born or adopted child (here it is specified: this period in the total calculation should not exceed 6 years);
  • the periods that the citizen was listed in the employment service;
  • periods during which citizens were in custody or served a sentence, but subject to their further rehabilitation;
  • periods of care for a citizen over 80 years old, or for a disabled person of group 1, incl. the time spent caring for a disabled child is taken into account;
  • periods during which the family of a military contractor was not able to find a job and with the condition that at that time they stayed with him at his place of service;
  • time of diplomatic work abroad of the Russian Federation (maximum - 5 years).

The provision of the Federal Law states that all these periods are taken into account to provide citizens with state insurance pensions only if before and after them the respective person regularly made (without deduction) insurance transfers to the FIU. You can read the full text of this draft law or download it online with additions and comments on specialized resources, for example, on the Consultant Plus portal.

By the way, you can find the law on insurance pensions in the Russian Federation 2017, in force, with comments, in the following article.

173 FZ latest changes for today and comments

This Law 173 of the Russian Federation on labor pensions in the Russian Federation in the latest edition from the beginning of 2015 (more specifically, from January) is no longer applicable. The exception is chapter number two, paragraphs and subparagraphs regulating the procedure for pension accruals (in this version of labor) for the further possibility of determining the length of service, but only in the part that does not conflict with Federal Law No. 400 of the Russian Federation.

This law (FZ No. 173) divides the labor pension into two parts: funded and insurance. Citizens collect the first part on their own on their own account, the second is guaranteed by the state, so experience is important for it. The new version also contains information about a reduction in the allowance for working pensioners, but they only apply to those who have an average annual income of more than 1 million rubles.

In accordance with federal law No. 350-FZ of October 3, 2018, Russia begins a gradual increase in the generally established age, which gives the right to receive an old-age insurance pension and a state pension. Changes will be phased in over a long transition period of 10 years ending in 2028. As a result, the retirement age will be increased by 5 years and set at 60 for women and 65 for men. Today, the retirement age for women is 55 years, the retirement age for men is 60 years.

Find out how much your pension is indexed from January 1, 2019

Since 2019, the law provides for increased indexation of insurance pensions at a rate that outpaces the forecast inflation growth. The old-age insurance pensions of non-working pensioners will increase by an average of 1,000 rubles a month, or 12,000 rubles a year.

From January 1, 2019, the indexation of insurance pensions is 7.05%, which is higher than the forecast inflation rate for 2018. The amount of the fixed payment after indexation will increase to 5,334.2 rubles per month, the cost of a pension point - up to 87.24 rubles. As a result of indexation, the old-age insurance pension has increased by an average of 1 thousand rubles in Russia, and its average annual amount is 15.4 thousand rubles.

The increase in pension for each pensioner is individual, depending on the amount of the pension received. In order to find out how much the pension will increase from January 1, 2019, you need to multiply the amount of the pension received by 0.0705 (7.05%).

Example The disability insurance pension of a non-working pensioner is 9,137 rubles. After indexation from January 1, the pension will increase by 644 rubles and amount to 9,781 rubles. Another example The old-age insurance pension of a non-working pensioner is 15,437 rubles. After indexation from January 1, the pension will increase by 1,088 rubles and amount to 16,525 rubles.


If a pensioner is assigned a social supplement to a pension that provides income at the level of the pensioner's subsistence minimum, the amount of payments after indexation may remain the same or increase less than the level of indexation.

Example The pensioner was assigned a pension in the amount of 12,347 rubles. The subsistence minimum for a pensioner in the region is higher than the assigned pension and amounts to 12,674 rubles. Therefore, in addition to the pension, a social supplement is assigned. As a result of indexation, from January 1, the pension was increased by 7.05%, or 870 rubles, and amounted to 13,217 rubles. Considering that before indexation, the pensioner received 12,674 rubles (pension plus social supplement), after indexation, payments increased not by 870 rubles, but by 543 rubles (the difference between the indexed pension, which increased to 13,217 rubles, and the previous payments in the amount of 12,674 rubles ).

Benefits and guarantees for people of pre-retirement age

For citizens of pre-retirement age, the benefits and social support measures previously provided upon reaching retirement age remain: free medicines and travel by transport, a discount on capital repairs and other housing and communal services, exemption from property and land taxes, and others.

Starting in 2019, new benefits related to annual medical examinations and additional guarantees of employment will also be introduced for pre-retirees. Employers are subject to administrative and criminal liability for the dismissal of employees of pre-retirement age or refusal to hire them due to age. The employer is also assigned the obligation to annually provide employees of pre-retirement age two days for a free medical examination with the preservation of wages.

The right to most pre-retirement benefits arises 5 years before the new retirement age, taking into account the transition period, that is, starting at 51 for women and 56 for men. From 2019 onwards, women born in 1968 and older and men born in 1963 and older are entitled to benefits.

A five-year period is also relevant when, when assigning a pension, the achievement of a certain age and the development of a special length of service are taken into account at the same time. This primarily applies to workers in dangerous and difficult professions on lists No. 1, No. 2, etc., which allow early retirement. The onset of pre-retirement age and the right to benefits in such cases arises 5 years before the age of early retirement, subject to one of the conditions: the development of the required preferential length of service, if the person has already stopped working in the relevant specialty, or the fact of working in the relevant specialty.

For example, drivers of public urban transport with the necessary special experience (15 or 20 years depending on gender) retire at 50 years old (women) or 55 years old (men). This means that the boundaries of the pre-retirement age will be set for female drivers from the age of 45, and for male drivers from the age of 50.

The pre-retirement age of doctors, teachers and other workers, whose right to a pension arises not from a certain age, but upon the development of a special length of service, begins simultaneously with its acquisition. So, a school teacher who in March 2019 will develop the necessary teaching experience, starting from the same moment, will be considered a pre-pensioner.

For those whose retirement age has not changed since 2019, there is also the right to pre-retirement benefits 5 years before retirement. For example, in mothers of many children with five children, it occurs starting at the age of 45, that is, 5 years before their usual retirement age (50 years). Two factors are taken into account in determining pre-pensioner status in such cases. Firstly, the basis that gives the right to early appointment of a pension - it can be the required number of children, disability, work experience in hazardous work, etc. And secondly, the age of the pension itself, from which the five-year period of benefits is counted.

The exception to which the 5-year rule does not apply is tax benefits. They are granted upon reaching the former limits of the retirement age. For most Russians, this is 55 or 60 years, depending on gender, and in the case of people retiring early, it is earlier than this age. For example, for northerners who, under the old legislation, retire 5 years earlier than everyone else, the pre-retirement age for receiving tax benefits, respectively, is 50 years for women and 55 years for men.

Proof of pre-retirement status

The Pension Fund of Russia has launched an information service through which information is provided about Russians who have reached the pre-retirement age. These data are used by authorities, departments and employers to provide appropriate benefits to citizens. For example, employment centers that have been providing pre-retirees with increased unemployment benefits since 2019 and are engaged in professional retraining and advanced training programs for pre-retirees.

PFR data is transmitted in electronic form through the SMEV channels, through the Unified State Social Security Information System (EGISSO) and electronic interaction with employers. A certificate confirming the status of a person as a pre-pensioner is also provided through a personal account on the website of the Pension Fund and in the territorial bodies of the PFR.

Transitional period to raise the retirement age

A long transition period of 10 years (from 2019 to 2028) is envisaged for the gradual increase in the retirement age. Adaptation to the new parameters of the retirement age in the first few years of the transition period is also provided by a special benefit - the appointment of a pension six months earlier than the new retirement age. It is provided for those who were supposed to retire in 2019 and 2020 under the terms of the previous legislation. These are women born in 1964-1965 and men born in 1959-1960. Thanks to the benefit, a pension on new grounds will be granted already in 2019: for women at the age of 55.5 years and for men at the age of 60.5 years.

During the entire transition period, the requirements for seniority and pension points required for the award of an old-age insurance pension will continue to apply. So, in 2019, at least 10 years of service and 16.2 pension points are required to retire.

The increase in the retirement age does not apply to disability pensions - they are retained in full and are assigned to people who have lost their ability to work, regardless of age when the disability group is established.

According to the results of the transition period, starting from 2028 and beyond, women will retire at 60 years old, men - at 65 years old.


Who does not change the retirement age

The old retirement age is retained by the majority of citizens who have the right to early retirement. These include, in particular:

    Persons to whom a pension is assigned earlier than the generally established retirement age in connection with work in difficult, dangerous and harmful working conditions, for which employers pay additional pension insurance contributions at special rates. Namely, the persons employed:

    ● in underground work, work with harmful working conditions and in hot shops - men And women;

    ● in difficult working conditions, as working locomotive crews and workers directly organizing transportation and ensuring traffic safety on railway transport and the subway, as well as drivers of trucks in the technological process in mines, cuts, mines or ore quarries - men And women;

    ● in the textile industry at work with increased intensity and severity - women;

    ● in expeditions, parties, detachments, on sites and in brigades directly on field geological exploration, prospecting, topographic and geodetic, geophysical, hydrographic, hydrological, forest management and survey work - men And women;

    ● in the crew on ships of the sea, river fleet and fishing industry fleet (with the exception of port ships permanently operating in the port water area, service and auxiliary and crew vessels, suburban and intracity ships), as well as in work on the extraction, processing of fish and seafood , acceptance of finished products in the field - men And women;

    ● in underground and open-cast mining, including the personnel of mine rescue units, in the extraction of coal, shale, ore and other minerals and in the construction of mines and mines - men And women;

    ● in the flight crew of civil aviation, in the work of flight control of civil aviation aircraft, as well as in the engineering and technical staff in the work of servicing civil aviation aircraft - men And women;

    ● at work with convicts as workers and employees of institutions executing criminal sentences in the form of deprivation of liberty - men And women;

    ● as tractor drivers in agriculture and other sectors of the economy, as well as as drivers of construction, road and loading and unloading machines - women;

    ● as workers, foremen at logging and timber rafting, including maintenance of mechanisms and equipment - men And women;

    ● as drivers of buses, trolleybuses, trams on regular urban passenger routes - men And women;

    ● as lifeguards in professional emergency services and formations - men And women.

    Persons to whom a pension is assigned earlier than the generally established retirement age for social reasons and health status:

    ● a woman who has given birth to five or more children and raised them up to the age of 8;

    ● a woman who has given birth to two or more children, with the necessary insurance experience and work experience in the Far North or in equivalent areas;

    ● one of the parents of a disabled person from childhood, who raised him until the age of 8, - men And women;

    ● a guardian of a disabled person from childhood, who raised him until the age of 8, - men And women;

    ● Disabled due to military injury - men And women;

    ● a visually impaired person with the first disability group, - men And women;

    ● a citizen with pituitary dwarfism (midget) and a disproportionate dwarf - men And women;

    ● a fisherman, reindeer herder or hunter-trader permanently residing in the Far North or equivalent areas - men And women.

    Persons to whom a pension is granted earlier than the generally established retirement age in connection with radiation or man-made disasters, including the disaster at the Chernobyl nuclear power plant, the disaster at the Mayak chemical plant, accidents at the Mayak production association and the discharge of radioactive waste into the Techa River, as well as in connection with with radiation exposure due to nuclear tests at the Semipalatinsk test site - men And women.

    Persons to whom a pension is granted earlier than the generally established retirement age in connection with work in the flight test staff, as well as in connection with flight tests and research of experimental and serial equipment: aviation, aerospace, aeronautics and paratroopers - men And women.

What changes are provided for pensioners

The increase in the retirement age does not affect current pensioners. Everyone who has already been assigned any type of pension before 2019 will continue to receive the due payments in accordance with the acquired rights and benefits. Raising the retirement age will allow, as early as 2019, to ensure a higher increase in pensions for non-working pensioners due to indexation that exceeds the inflation rate (in accordance with the Decree of the President of Russia "On the national goals and strategic objectives of the development of the Russian Federation for the period up to 2024" dated May 7, 2018 ).

Increasing the pensions of rural pensioners

Since 2019, villagers have the right to an increased fixed payment to the old-age or disability insurance pension. Eligibility for the 25% flat rate allowance is subject to three conditions: at least 30 years of experience in agriculture, rural residence, and no paid employment.

The increase in the pension of rural pensioners from January 1, 2019 is 1.3 thousand rubles per month, for recipients of disability pensions with the third group - 667 rubles per month.

You do not need to specifically apply to the Pension Fund of Russia for the recalculation of the pension, it occurs automatically according to the information of the payment file. At the same time, the pensioner has the right to submit the documents necessary for recalculation at any time.

When calculating the length of service that gives rural pensioners the right to an increased fixed payment, work in collective farms, state farms and other agricultural enterprises and organizations is taken into account, subject to employment in animal husbandry, crop production and fish farming. For example, as agronomists, tractor drivers, veterinarians, beekeepers, etc. - more than 500 professions .

Work that was performed before 1992 in Russian collective farms, machine and tractor stations, intercollective farm enterprises, state farms, peasant farms, agricultural artels, is included in the rural experience, regardless of the name of the profession, specialty or position held.

Northern retirement age

Residents of the Far North and equivalent areas have the right to early retirement 5 years earlier than the generally established retirement age. This right is retained by the northerners in the future. At the same time, the age of early retirement among the inhabitants of the North is gradually increasing by 5 years: from 50 to 55 years for women and from 55 to 60 years for men.

The minimum required northern length of service for early retirement does not change and remains 15 calendar years in the Far North and 20 calendar years in equated areas. The requirements for insurance experience do not change similarly and amount to 20 years for women and 25 years for men.

The transitional period to raise the retirement age for northerners will last, like everyone else, for 10 years - from 2019 to 2028. At the first stage, the increase in age will affect women born in 1969 and men born in 1964. At the same time, the northerners, who, according to the old legislation, should have been assigned a pension in 2019-2020, are also entitled to a benefit for leaving six months earlier than the new retirement age.

For example, a man born in 1965 (July), with 30 years of work experience in the north and 35 years of insurance experience, will retire in January 2022 at the age of 56.5 years.

Following the results of the transition period, in 2028, Northern women born in 1973 will retire at the age of 55 and Northern men born in 1968 at the age of 60.

At the same time, the transition period for raising the retirement age is also applied in cases where the northern length of service has not been fully worked out and there is a decrease in the age of granting a pension for each year worked in the northern region.

Example A woman born in 1970 (March), with 11 years of experience in the north and 18 years of insurance experience, according to the old legislation, was supposed to retire in July 2021 at the age of 51 years and 4 months. Given that the retirement age will be raised by three years in 2021, a woman will be able to retire in July 2024 upon reaching 54 years and 4 months.

Some northerners, however, will not have to adapt to the new retirement age, since it will not be raised for them. The changes will not affect the small indigenous peoples of the North, who, depending on gender, retire at 50 or 55 years old, as well as northern women who have raised two or more children - if they have the necessary northern and insurance experience, they are entitled to a pension starting from 50 years old.

Assignment of pensions to doctors, teachers and artists

For employees who receive a pension not upon reaching retirement age, but after acquiring the required length of service (special length of service), the right to early retirement is retained. These workers include teachers, doctors, ballet dancers, circus gymnasts, opera singers and some others. At the same time, the minimum required special experience for the appointment of a pension does not increase and, depending on the specific profession, as before, ranges from 25 to 30 years.

At the same time, starting from 2019, the retirement of workers in the listed professions is determined taking into account the transition period for raising the retirement age. In accordance with it, the assignment of pensions to doctors, teachers and artists is gradually transferred from the moment the special experience is developed. At the same time, they can continue their labor activity after acquiring the required length of service or stop working.

Example Rural health workers require 25 years of service in health facilities to retire, regardless of age and gender. If a rural doctor completes the required length of service in September 2021, he will be granted a pension in accordance with the generally established transitional period for raising the retirement age - in 3 years, in September 2024.


Retirement age of civil servants

For state civil servants of all levels of government (federal, regional and municipal), the transition to the new values ​​of the retirement age takes place in stages. Until 2021, the increase in the age is six months a year, then the rate is synchronized with the general rate of increase in the retirement age in the country and begins to grow year by year. Male civil servants will retire at 65 by 2028, and female civil servants will retire at 63 by 2034.

In addition, for all federal civil servants, starting from 2017, the requirements for the minimum length of civil or municipal service, which allows them to receive a state pension for years of service, are being increased. Each year, the specified length of service increases by six months (from 15 years in 2016) until it reaches 20 years in 2026.

Taking into account all the changes, the insurance pension for civil servants is assigned in 2019 upon reaching the age of 56 (for women) and 61 years (for men). The pension for long service is assigned after 16.5 years of civil service.


Appointment of a social pension

The changes in the pension system, which will come into force in 2019, do not affect the social disability and survivor's pensions, which are assigned regardless of the generally established retirement age. As in the case of the contributory pension, with regard to public security pensions, the right of people who have lost their ability to work due to disability to apply for a pension, regardless of age, is fully preserved.

The age at which the right to the social old-age pension arises is increased by 5 years in accordance with the phased transition period. By 2028, men will receive a social old-age pension upon reaching the age of 70, and women upon reaching 65 years.

New grounds for early retirement

Early appointment of a pension for long service

A new basis is provided for citizens with long experience. Women with at least 37 years of experience and men with at least 42 years of experience will be able to retire two years earlier than the generally established retirement age, but not earlier than 55 years for women and 60 years for men.

Early assignment of pensions to women with many children with three and four children

Women with many children with three and four children are entitled to early retirement. If a woman has three children, she will be able to retire three years earlier than the new retirement age, subject to transitional provisions. If a woman has four children - four years earlier than the new retirement age, subject to transitional provisions.

At the same time, for early retirement, women with many children need to work out a total of 15 years of insurance experience.

Early assignment of pensions to unemployed citizens

For citizens of pre-retirement age, the opportunity remains to retire earlier than the established retirement age in the absence of employment opportunities. The pension in such cases is established two years earlier than the new retirement age, taking into account the transition period.

In addition, for citizens of pre-retirement age, from January 1, 2019, the maximum amount of unemployment benefits will increase from 4,900 rubles to 11,280 rubles. The payment period is set at one year.

Payment of pension savings

The amendments to the pension legislation that have come into force do not change the rules for the appointment and payment of pension savings. The retirement age, which gives the right to receive them, remains within the same boundaries - at the level of 55 years for women and 60 years for men. This applies to all types of pension savings payments, including funded pension, fixed-term and lump-sum payments. As before, pension savings are assigned in the presence of the minimum required pension points and length of service: in 2019, these are 16.2 points and 10 years, respectively.

Each article of this law is devoted to a certain category of citizens, for example, in Art. 14 each item contains the rules for calculating future funds, and 11 contains information on the terms of work included in the total output. As for Article 30 of the federal law, we are talking about the possibility of transforming pension rights. There is a standard scheme that contains the first paragraph, namely:

  1. In accordance with the decision of the federal law on labor pensions, the basic part is deducted from the amount of savings that are determined for the insured person. The result obtained is multiplied by the time period for the payment of accumulated funds. This scheme, containing paragraph 1, article 30, will help calculate future pension capital.
  2. It should be borne in mind that there is also a separate formula in the Federal Law to determine the estimated amount of future state assistance. Article 14 of federal law 173 will help determine the exact amount. Certain production standards have been established: 20 and 25 years - for the weaker and stronger sex, respectively.
  3. The average monthly earnings are calculated for a certain time - the information contained in parts 10, 11, 12, 13 of the federal law on labor pensions will help determine the months counted in production. Salary, which is the average for the Russian Federation in the selected time period, will be deducted from this amount.

According to Art. 30, the result is multiplied by a special coefficient and the average monthly salary in the Russian Federation. This figure is 0.55 and increases due to processing - one hundredth is added for each year (the maximum increase should not be more than 0.20).

For the disabled, the coefficient will be 0.3. At the same time, a different amount of the insurance part of the future pension balance is established for them - this item is considered in detail by Article 14 of the Federal Law on labor pensions.

Special conditions

Since the adoption of federal law 173 on labor pensions, some points have been revised - each article of the Federal Law describes in detail the main mechanisms and nuances. At the same time, for persons working and living in the Far North, as well as the relevant regions, there are certain calculation schemes - this is taken into account by Articles 30, and 11, and 14.

Under the standard conditions contained in Article 14, the ratio of SZ (average monthly earnings) and SZP (average monthly wages in the Russian Federation) should not exceed 1.2. But since in this case other multipliers are applied, then the calculation will be carried out in this way:

  1. Not more than 1.4 - if the activity is carried out in the area in which the coefficient is set to 1.5
  2. Not more than 1.7 - up to 1.8
  3. Not more than 1.9 - above 1.8.

Article 30 of the Federal Law on labor pensions also implies that in some regions there may be different regional coefficients - in this case, the indicator that is relevant for employees of non-productive industries will be used.

Working out in Articles 11 and 30

Even those citizens of the Russian Federation who do not have sufficient work experience have the right to receive a pension.

By default, it is 20 and 25 years for the weaker and stronger sex, respectively. The formula uses the ratio of the required and full experience, multiplied by the actual.

It is worth noting that in more detail the periods of time taken into account in the total output are considered by paragraph 1 of Art. 11. It is worth highlighting the main ones:

  1. Creative activity
  2. Work outside the Russian Federation
  3. Service in certain structures and in the armed forces
  4. Individual activity
  5. Temporary disability resulting from an injury at work
  6. The period of receipt of unemployment benefits.

Federal Law 173 on labor pensions includes many points, among which it is worth paying special attention to Articles 11, 14 and 30.

Conversion

FZ No. 173 contains new rules for the conversion of pensions

On the basis of the federal law on labor pensions, such an opportunity is provided as the transformation of rights. Accordingly, Article 30 implies that the years of activity and earnings received are converted into a certain amount. These accumulations are formed from the beginning of official activity and before the onset of 2002.

It is important to take into account that if serious injuries were received during the service that caused temporary disability, then the period of temporary disability will be equated to the main job. At the same time, Art. 11 and 14 confirm that the length of service is calculated on the same conditions as with full-fledged activity.

Protecting the rights of pensioners


fz №173 protects pensioners in Russia

Those who, at the time of the adoption of federal law 173, were already the recipient of a pension, regardless of its type (for old age, disability, loss of a breadwinner), payments will continue to be received, but under new conditions. This means that in accordance with the Federal Law on labor pensions, the established amount is multiplied by the seniority and regional coefficient. In addition, there are certain increases and compensation payments in accordance with the standard of living in the Russian Federation.

If assistance is granted for the loss of a breadwinner, but an individual account has not been previously opened, then the procedure for calculating a pension is carried out in accordance with standard norms. To calculate the insurance part of the labor pension, indexation is carried out, which is provided for on the basis of Federal Law 173. The calculations use the period from 01/01/2002 to the day the pension is awarded - this information is contained in article 14.

Retirement rights

Importantly, within the framework of the Federal Law 173, namely Article 30, the preservation of the rights to a pension that were acquired before its entry into force is implied. Namely:

  1. All pension rights are converted into savings
  2. The periods of activity that are included in the production, and those that are excluded from it, are determined
  3. The process of calculating pensions has been revised.
The calculation of labor pensions is carried out on the basis of Federal Law No. 173

It is important to consider that the settlement capital can be chosen directly by its future owner. This issue is regulated by paragraphs 3 and 4, Article 30, Federal Law 173. Such changes in the legislation have made it possible to revise the approach to calculating pensions, which makes the formation of future savings more efficient and profitable. It should be noted that financial payments accrued prior to 2002 are subject to mandatory indexation for the entire period. If we carry out the calculation according to the formula contained in Article 14, Federal Law 173 on labor pensions, and also take into account all periods of service on the basis of Article 11, then by example we can see that the amount of pension capital increases almost 2 times. That is why, due to the introduction of new rules for conducting calculations, the mechanism has become more productive. In addition, there are no restrictions that were in force before and implying a limitation of only three amounts of pension capital. Thanks to this, the introduction of the new federal law did not deprive citizens of the rights that they had previously received.

The federal law on labor pensions is designed for the effective formation and calculation of future capital. Each item considers certain nuances that are important to consider. Particular attention should be paid to Art. 30, and respectively 11 and 14, which will allow us to analyze in detail the features of this Federal Law.

In general, you can learn about who is entitled to receive a pension under this law from this video.

Pension legislation plays a huge role in the formation and development of the social policy of the state. And one of the fundamental regulatory documents in this case is the law regulating the payment of labor pensions.

general characteristics

The Federal Law "On labor pensions" includes in its structure only 32 articles, which are combined into 7 chapters. It was adopted in 2001 and has been revised many times. To date, it is used in terms of calculating the size of labor pensions, as well as the methodology for calculating insurance payments.

Despite the termination of many articles, this law helps not only to prepare for social security exams, but also to understand how pensions are calculated, which are due as a result of fruitful work. Pension legislation in terms of labor regulation is actually based on this NLA.

About general provisions

The first chapter of 173 FZ includes 6 articles. From the very first lines, the normative document draws the attention of citizens to the fact that the payment of labor pensions is carried out in accordance with the law. The first article announces the general provisions that are characteristic of most regulations. For example, if there is a discrepancy between international norms and current legislation, priority is given to the first. It also lists the legislative framework, which is of auxiliary importance for social policy in general.

The following article provides a number of concepts that are necessary for clarifying and interpreting legal acts. For example, the most commonly used definitions here are: labor pension, length of service, pension capital, personal account, pension savings and much more. The first chapter also indicates the persons who have the right to receive this type of payment, as well as the types of their pensions:

  • old age;
  • by disability;
  • in case of loss of a breadwinner.

At the same time, the parts that make up the integral payment are indicated: insurance and funded pensions.

Conditions for receiving payments

The second chapter of the law "On labor pensions in the Russian Federation" talks about the immediate conditions that must exist at the time of claiming payment. So, a citizen who wants to receive a labor pension must reach the established age (women - 55 years; men - 60). A labor pension in the event of old age is paid if there is five years or more of service.

In addition, depending on the type of pension, there are other conditions for receiving payments. Thus, all incompetent citizens who were dependent on the deceased or the deceased can receive survivor benefits. However, such persons cannot exercise the right to receive a labor pension in the event of unlawful acts against the breadwinner. For example, if the daughter killed her father in order to receive payments.

Pension legislation provides for a list of persons entitled to receive this type of payment:

  1. Children and grandchildren, brothers and sisters of the breadwinner who have not reached the age of majority.
  2. One of the relatives, including the spouse, if he is busy caring for a child or a disabled citizen.
  3. Grandparents who have reached retirement age.

Dependents in this case are recognized as persons whom the deceased fully provided for or allocated funds, which are the only source of livelihood for the former. It is important to take into account that the survivor's pension is maintained even if marriage is entered into in the future.

About experience

Chapter 3 of the Federal Law "On labor pensions in the Russian Federation" is devoted to seniority. In this section, special attention is drawn to periods of work that are officially counted as seniority. So, an indispensable condition for receiving a labor pension is the employer's deductions made to the Pension Fund of the Russian Federation. For example, if you worked for 5 years for an entrepreneur who gave his salary "in an envelope", then for this period you will not be able to claim a labor pension, in fact, you are not entitled to it.

In addition, the law draws attention in a separate article to other periods that may be counted by the legislator. This chapter also indicates the procedure for calculating and confirming the length of service.

About the amount of payments

Pension legislation, reflected in the law under consideration, fixes the amount of due payments. Article 14 presents a number of formulas by which each citizen will be able to calculate the amount of the payment due to him. In order for the calculations to be correct, you need to know the following indicators:

  • the amount of the estimated pension capital;
  • a fixed amount of old-age labor pension;
  • the number of months of the expected payment period, which is 19 years (no matter how sad it may sound, but for each pensioner the state actually determined the life expectancy - 228 months, or 19 years).

At first glance, these indicators seem terribly incomprehensible, however, in any bank, tax service or in a single information center, the calculation algorithm will be explained to you in a matter of minutes. Among all, this chapter is the most extensive, as it contains a huge number of formulas and fixed payout amounts.

And in conclusion…

As for articles 18 to 32, inclusive, they are devoted to recalculations, appointment, revision of pension payments, as well as the procedure for issuing and receiving pension accruals. These provisions are more related to the activities of municipal and state bodies that are engaged in customer service.

In addition, these chapters discuss rare cases of recalculation in the event of errors, violations of the law, as well as inattention by a pension center employee. In the fifth chapter, attention is drawn to such nuances as the method of delivering a pension, by whom it is paid, whether a citizen has the right to receive it in the course of employment.

Article 19 draws attention to the timing of payment, for example, a disability labor pension is paid from the date of recognition as a disabled person if he applied to the relevant authorities before the expiration of 12 months after the assignment of such status.