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Article 13 of the federal law on labor pensions. Law on raising the retirement age

Most people turn to the study of pension law shortly before reaching retirement age or after the occurrence of an event that gives the right to a pension (disability, loss of a breadwinner). However, this approach cannot be called correct. The pension reform in Russia has led to the fact that the right to a pension is closely related to the length of service for the appointment of a pension, the amount of official income and some other indicators.

The site contains articles on the main types of pensions in the Russian Federation and the conditions for their appointment, the procedure for applying for a pension and making payments. Referring to the posted information will help you competently build your professional activities in order to receive a decent pension, as well as help your loved ones fully realize the rights granted by pension legislation (for example, to a minimum pension, etc.).

Implementation of the right to a pension in the pension legislation of the Russian Federation

Pension legislation includes several federal laws (on insurance pensions, on state pension provision, on pension provision for persons who have served in the military, etc.), decrees of the Government of the Russian Federation and departmental regulations. The site contains up-to-date information that will help you understand the basics of regulatory regulation of the procedure for assigning pensions. In addition, the visitor can always contact a lawyer with a question in a special section and get the information he is interested in.

The conditions for assigning pensions and legislative regulation differ depending on the type of pension. At the same time, the pensioner himself, when exercising the right to a pension, must have initiative. For example, apply for a recalculation of a pension upwards, determine the procedure for paying and delivering a pension, exercise the right to a preferential pension, and, if necessary, protect it by filing a claim for a pension.

Reform of pension legislation in the Russian Federation

Modern pension legislation encourages citizens to work officially, to receive high wages so that contributions to the funds are also sufficiently high. Depending on the economic situation, the state solves the issues of indexing pensions, making payments to working pensioners, etc. in different ways. You can track changes in pension legislation yourself, or refer to the information you are interested in on the website.

Federal Law N 173-FZ dated December 17, 2001, as amended on December 28, 2013, with amendments that entered into force on January 1, 2015 On labor pensions in the Russian Federation regulates the procedure and procedure for issuing labor pensions in the Russian Federation in accordance with the federal law on compulsory pension insurance . The same law regulates the procedure and procedure for issuing labor disability pensions in the Russian Federation (Article 8 of Chapter II and Article 15 of Chapter III). Federal Law N 173-FZ has been in force since 2001, it is regularly amended to stipulate mandatory pension insurance in the territory of the Russian Federation.

Russian Federation

FEDERAL LAW No. 173-FZ of December 17, 2001 (as amended on December 28, 2013, with amendments that came into force on January 1, 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 grounds for the emergence and procedure for exercising the right of citizens of the Russian Federation to labor pensions.

1. Losses related to general average from the loss or damage to cargo are determined in accordance with the value of the cargo at the time of its unloading, established on the basis of a trading invoice issued to the recipient, in the absence of an invoice - based on the value of the cargo at the time of its shipment.

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

2. In the event of the sale of damaged cargo, the losses relating to general average shall be the difference between the value of the cargo in its intact condition, determined in accordance with paragraph 1 of this article, and the net proceeds from the sale of the cargo.

3. Losses from damage to or loss of items loaded onto a ship without the knowledge of the shipowner or his agents, as well as from damage to or loss of goods that are intentionally delivered for their carriage with an incorrect name, shall not be recognized as general average. If such property is salvaged, its owners are obliged to participate on a general basis in contributions to general average.

Owners of goods, the value of which, upon delivery for transportation, is declared lower than their actual value, participate in contributions to general average in accordance with the actual value of the goods, but receive compensation for losses only in accordance with the declared value of the goods.

1. Errors in calculations found in the average statement after its registration in the register of the average statement may be corrected by the adjuster on his own initiative or at the request of the persons among whom the general average is distributed, by drawing up an addendum to the average statement (addendum), which is its integral part.

2. Persons among whom general average has been distributed may challenge the adjuster in court within six months from the date of receipt of the adjuster or addendum to it with the obligatory notification of the adjuster by sending him a copy of the statement of claim.

3. The average adjuster has the right or, if necessary, is obliged to take part in the consideration of the dispute on the average adjustment in court and give explanations on the merits of the case.

4. The court considering the dispute on the adjustment may leave the adjustment in force, amend it or cancel it and instruct the adjuster to draw up a new adjustment in accordance with the decision of the court.

1. If the collision of ships occurred by accident or as a result of force majeure, or it is impossible to establish the causes of the collision of ships, the losses shall be borne by the one who suffered them.

2. The rule established by paragraph 1 of this article shall also apply if the ships or one of them were at anchor at the time of the collision or were secured in some other way.

1. In order to limit his liability for pollution damage in accordance with this Code, the owner of the ship must create a liability limitation fund for a total amount equal to the limit of his liability in the court or arbitration court in which a claim was brought against him for compensation for pollution damage, or may be presented in accordance with the competence of the court or arbitration court established by Article 325 of this Code. Such a fund may be created by placing an amount on deposit with a court or arbitration court or by providing a bank guarantee or other financial security acceptable in accordance with the legislation of the Russian Federation and recognized as sufficient by a court or arbitration court.

2. Expenses and donations, insofar as they are reasonable and voluntarily made by the owner of the ship in order to prevent or reduce damage from pollution, give him such rights in relation to the liability limitation fund as other creditors have.

3. The insurer or other provider of financial security shall have the right to set up a liability limitation fund in accordance with this article on such terms and conditions as if the fund had been set up by the ship's owner. Such a fund may be established even if, in accordance with this Code, the shipowner cannot limit his liability. 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 liability limitation fund established in accordance with paragraph 1 of this article shall be subject to the rules on distribution of the liability limitation fund established by this Code.

5. If the owner of the ship, after the incident, has established a liability limitation fund in accordance with this article and has the right to limit liability:

no person claiming compensation for pollution damage caused as a result of this incident shall have the right to satisfy such claim at the expense of any other property of the owner of the ship;

the court or arbitral tribunal shall issue an order to release the ship or other property belonging to the owner of the ship, which is seized on the demand for compensation for pollution damage caused by such an incident, and also release any bond or other security provided to prevent such seizure.

The rules established by this paragraph shall apply if a person claiming compensation for pollution damage is entitled to protection in a court or arbitration court that manages the liability limitation fund, and such fund can actually be used to satisfy the claim of such a person.

1. In the event of damage resulting from an incident with

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.

Increased indexation of pensions

Since 2019, the law provides for an 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 seafaring 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 a 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.

As a result 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 experience 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 in the presence of 16.5 years of service in the 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 pensions, 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.

The pension reform of 2015 is a kind of next step in the development of the pension system and the legislation that regulates it. However, now both analysts and ordinary citizens are facing the question more and more sharply: was this step a step backwards? Has the pension system gone in the right direction? Of course, there is no clear, and most importantly, correct answer to this question.

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

Legislation before reforming the pension system

Before the introduction of new laws (we will consider it as the most common in the Russian Federation), it was calculated and appointed in accordance with the Federal Law of December 17, 2001 N 173-FZ. Based on this document, this can be defined as a monthly cash payment assigned to insured persons who lost their ability to work due to, or if they were such persons (breadwinners) and ceased to receive a livelihood due to their death.

When considering the pension system before 2015, one should take into account the fact that it was a single payment consisting of insurance and funded parts.

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

As mentioned above, the main document until 2015 was the Federal Law "On labor pensions in the Russian Federation". Everything related to payments and the conditions under which the appointment took place was contained in it. For a better understanding of the changes brought about by the reform of the pension system in 2015, it is worth highlighting the main points that are reflected in this document.

Types of labor pensions:

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

It is also worth noting such a concept as - the period during which the Pension Fund of the Russian Federation (PFR) received.

An important factor was, among other things, the indexation of the size of the labor pension, the possibility of early access to it for certain categories of citizens, as well as the implementation of the recalculation of the amount of payments in case citizens had circumstances for this.

Until 2015, the main components of the formulas for calculating labor pensions were such values ​​as: the base amount, the amount of pension savings, the expected period of payments and the coefficient (insurance period in months / 180 months).

New pension reform of 2015 in Russia

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

The main change brought about was abolition of labor pension as such: now, instead of its two constituent parts, two independent pensions have appeared, the calculation and appointment of which are regulated by two different laws - this and.

In addition, the new legislation changed the formula by which the insurance pension is calculated - now it contains an individual pension coefficient (pension point or IPC), as well as its value. It is these values ​​that have been decisive since 2015 when calculating the insurance pension provision.

Changes in pension legislation

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

  • raising the retirement age for civil servants;
  • freezing pension savings;
  • rule change.

An unequivocal answer to a question “how will the pension system develop?”, of course not. However, it is clear that the Ministry of Finance and the Ministry of Labor are lobbying for bills (which, according to experts, can be implemented as early as 2017), in fact, nullifying the advantages that could be found in the 2015 reform:

  • termination of pension payments and ;
  • which time is planned change the procedure for the formation of a funded pension- now the capital for it will have to be formed from conditionally voluntary contributions.

Conclusion

The reform of 2015 can be treated differently: someone will see advantages in it, someone will advocate for complication. However, the only thing that citizens can do in this situation is to become more savvy in the pension sector: read literature, follow the news, and finally, do not be shy to seek advice from employees of pension departments.

To say with 100% certainty whether the reform of the pension system was a step in the right direction, so far no one can- even among the people who submitted these laws for consideration to the chambers of parliament, disputes still do not subside, whether society and the country really needed it.

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 on 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.