Article 9 FZ 173 on labor pensions. Raising the pensions of rural pensioners. Early assignment of a pension for a long period of service
October 3, 2018 Vladimir Putin signed on raising the retirement age in Russia, which was adopted by the State Duma on September 27 in its final form, taking into account the recommended amendments. The main one is to increase the retirement age for Russians by 5 years - that is, from 60 to 65 years old for men and from 55 to 60 years old for women... The transition to new values is proposed to be carried out gradually, having already begun from January 1, 2019.
An increase in the retirement age will occur annually for 1 year with the exception of those Russians who will reach the old retirement age (60/55 years) in the next 2 years - in 2019 and 2020... For them, in order to mitigate the consequences of the reform, a new retirement age (for example, in 2019, the retirement period for women and men will increase by only 6 months instead of 1 year).
With text Law dated 03.10.2018 No. 350-FZ the increase in the retirement age, which has already been signed by the President and officially published, can be found below. The main provisions of the new reform come into force on January 1, 2019.
It should be noted that the consideration of the bill caused lively debates among the deputies of the State Duma, however, in all readings, the document was adopted by majority vote(first of all, thanks to the support of the United Russia faction, which has a parliamentary majority).
Changes in pension legislation from 2019
The new law on pensions from 2019 contains adjustments to the retirement age for future recipients of the following types of pensions:
Changes provided for by law are being implemented from January 1, 2019 with a transitional period, during which the value of the retirement age will be gradually changed until the statutory value is reached. However, for civil servants, adjustments will be introduced a year later - from 2020, since for them this process has already been going on for several years - from January 1, 2017 in accordance with a similar law No. 143-ФЗ dated May 23, 2016 (i.e., civil servants in the schedule for changing the retirement age adopted in 2017 by the new law, starting from 2020).
It should be noted that all the proposed changes in the pension legislation from 2019 will not touch those Russian citizens who already receive a pension- the new measures are aimed only at extending the "working period" for future retirees who must reach retirement age from 2019.
Retirement of an old-age insurance pension from 2019
From January 1, 2019, the release dates for. Initially, the Government planned to establish a new retirement age under the new law, taking into account the transitional provisions - 65 years for men, 63 years for women... However, at the suggestion of the President, the age for women was reduced to 60, i.e. as a result, the increase for men and women will be the same - by 5 years.
And this increase will occur in stages - with an annual increase of 1 year(and taking into account the adopted presidential amendments - except for the first two years of the new law: 2019 and 2020) until the final norms established by the new law for men and women (60 years for men and 55 years for women) are reached in 2023.
To determine the year of granting an old-age pension under the new law, you can use the data presented in the table:
Table - Retirement from 2019 by year
| Old age retirement year under current law (aged 55/60) | The retirement age under the new law from 01.01.2019 | Retirement year under the new law | |
|---|---|---|---|
| Women | Men | ||
| I half of 2019 | 55 + 0.5 | 60 + 0.5 | II half of 2019 |
| II half of 2019 | 55 + 0.5 | 60 + 0.5 | I half of 2020 |
| I half of 2020 | 55 + 1.5 | 60 + 1.5 | II half of 2021 |
| II half of 2020 | 55 + 1.5 | 60 + 1.5 | I half of 2022 |
| 2021 | 55 + 3 | 60 + 3 | 2024 |
| 2022 | 55 + 4 | 60 + 4 | 2026 |
| 2023 and beyond | 55 + 5 | 60 + 5 | 2028, etc. |
Note: The table has already been adjusted taking into account the final content on raising the retirement age, adopted by the State Duma in the third reading at a meeting on September 27, 2018 and signed by the President on October 3, 2018.
Thus, the following conclusions can be drawn:
- Changes under the new law will apply to all citizens of the Russian Federation who were supposed to retire old age starting from 01.01.2019 - that is women born in 1964 and men since 1959.
- For 5 years for women and men, the so-called "transitional period" will operate, within which the retirement age will increase annually by 1 year(except for the first two years of the transition period, when it will be possible to retire six months earlier).
- For women from 1968 and men in 1963 will be installed already the final values are 60 and 65 years old... Accordingly, they will be the first in Russia to retire later for all 5 years of difference adopted by the State Duma - in 2028 instead of 2023 according to the old law (see the table above).
However, the new law provides for the possibility of reducing the retirement age by 24 months. Such a decrease is established in the presence of 37 years of experience for women (provided that they reach 55 years of age) and 42 years of experience for men (who have reached 60 years).
Preferential pensions for teachers, health workers, artists from 2019
According to the old law, teachers and medical workers for early retirement retirement were required to have work experience of 25-30 years (depending on the place of work). According to the new law, the right to early assignment of a pension in the presence of such length of service remains, but the term of exit postponed for 5 years after acquiring the required number of years of experience... At the same time, a phased increase in the appointment period (annually by 1 year, except for the first two years with the stipulated preferential retirement) is envisaged in the period from 2019 to 2023 until the required value of 5 years is reached.
The timing of the appointment of an early insurance pension for teachers and doctors by year is shown in the table:
Thus, from 01.01.2019, it will be possible to enter an early insurance pension and after obtaining the necessary experience it will be possible only after the number of years established by law: from 0.5 to 4 years in the period from 2019 to 2022 and in 5 years, starting from 2023 of the year. Also, for these categories of workers, the possibility of retirement at the new generally established values of the retirement age remains - upon reaching 60 or 65 years.
For employees of creative activity (in theaters and theater and entertainment organizations), according to the old law, it was possible to leave early, depending on the nature of the work, at the age of 50-55 years with a work experience of 15-30 years. The new law on pensions from 2019 also sets a new retirement age for such workers - 55-60 years old with the same seniority requirements. The increase will also occur annually for 1 year until the value stipulated by the new law is established (see similar examples in the tables above).
Raising the retirement age for workers in the Far North
Until the end of 2018, for those working in the Far North (RKS) and equated localities (ISS), the legislation establishes the age of occurrence of the right to - respectively 50 and 55 years old for women and men... Unfortunately, as a result of the pension reform, the retirement age will also be changed for the northerners - accordingly up to 55 and 60 years old.
The Government explains such measures by the changed situation in the northern regions of the country: infrastructure is developing, the life expectancy of Russians is increasing and living conditions are improving.
Until the establishment of new values for employees of the RKS and ISS, also a transitional period: from 2019 to 2023 for men and women. During it, the standard age will increase by 1 year annually until it reaches 55 and 60 years old (except for 2019 and 2020, when “preferential” retirement conditions will still be in effect).
It should be noted that changes in the rules for assigning northern pensions working in difficult and harmful working conditions(underground works, hot shops, metallurgical, chemical, petrochemical industry, etc.).
Retirement of civil servants from 2019
Changes in the pension legislation will also affect. For them, the retirement age already increasing since January 1, 2017, but the previously adopted law provided for an increase in the value to 63 and 65 years annually with a step of six months. According to the new law, the retirement age for civil servants will increase from 01.01.2020 at the same pace as for other citizens - annually for 1 year.
The change for civil servants will take place according to the new schedule presented in the table:
| Year of retirement of civil servants under the old law | Retirement age under the new law | Year of retirement of civil servants under the new law | |
|---|---|---|---|
| Women | Men | ||
| 2017 | 55 + 0,5 | 60 + 0,5 | 2017-2018 |
| 2018 | 55 + 1 | 60 + 1 | 2019 |
| 2019 | 55 +1,5 | 60 + 1,5 | 2020-2021 |
| 2020 | 55 + 2 | 60 + 2 | 2022 |
| 2021 | 55 + 3 | 60 + 3 | 2024 |
| 2022 | 55 + 4 | 60 + 4 | 2026 |
| 2023 | 55 + 5 | 60 + 5 | 2028 |
| 2024 | 55 + 6 | 2030 | |
| 2025 | 55 + 7 | 2032 | |
| 2026 and beyond | 55 + 8 | 2034 | |
Thus, the rules for changing the retirement age of civil servants stipulated by the old law will be adjusted. The transition period, during which there will be a gradual increase in the retirement age, will be reduced for women by 6 years (until 2026 instead of the previous 2032), for men - by 3 years (until 2023 instead of 2026). I.e the increase will be faster.
Social pensions from 2019
In addition to those already discussed above, the pension reform from 2019 provides for a number of changes regarding the conditions of appointment, in particular social old-age pensions intended for people who have not worked out the necessary.
Until 2019, persons who have reached the age of 65 for a man and 60 for a woman (i.e. 5 years later than the generally established retirement age of 60/55 for 2018) were awarded. Under the new law, such a right will arise only upon reaching 70 and 65 years(i.e. also with an increase of 5 years relative to the new age of 65/60).
At the same time, for social pensions, the law also provides for transitional provisions that establish a gradual increase in the retirement age, starting from January 1, 2019(and in 2019 and 2020 there will be preferential conditions for retirement, according to those proposed by the President).
All new statutory retirement ages for receiving social pensions for men and women (70 and 65 years, respectively) will be finally established from 2023.
Who will not be affected by the increase in the retirement age in Russia?
First of all, the changes provided for by the law from 2019 will not affect those who are already retired- all pensioners will continue to receive all the payments already assigned to them in accordance with the previously acquired rights and benefits.
In addition, the adopted law does not provide increasing the retirement age for certain categories of citizens:
- Those employed in jobs with difficult and hazardous working conditions, namely:
- employees, in favor of whom the employer pays insurance premiums at the appropriate rates, which were determined as a result of a special assessment of working conditions;
- civil aviation pilots, aircraft maintenance engineers;
- flight test personnel involved in testing aviation and other equipment;
- workers of locomotive crews, workers organizing transportation and ensuring traffic safety on railway transport, in the subway;
- drivers of construction, road, loading and unloading equipment;
- tractor drivers working in agriculture and other areas;
- workers in logging, timber floating, as well as those involved in the maintenance of mechanisms and equipment;
- truck drivers in mines, crankcases, mines, etc .;
- in underground or open pit mining, in mine rescue units, in the extraction of shale, coal, ore and other minerals;
- in the construction of mines and mines;
- in geological prospecting, prospecting, topographic teams and expeditions, in exploration and other works;
- in the crew of the sea, river fleet, in the fishing industry;
- drivers of passenger transport on regular city routes (buses, trolleybuses, trams);
- rescuers in emergency services;
- working with convicts in organizations executing criminal sentences in the form of imprisonment;
- women working in the textile industry with weights in conditions of increased intensity and others.
- Citizens who are entitled to a pension for health or social reasons:
- one of the parents or guardians who raised them before reaching 8 years of age;
- disabled people of the 1st group of vision;
- women who gave birth to 5 or more children and raised them before reaching the age of 8;
- women who have given birth to 2 or more children and have established work experience in the regions of the Far North and areas equated to them, and others.
- Persons who have suffered as a result of man-made or radiation disasters (at the Chernobyl nuclear power plant, the Mayak chemical plant, the Semipalatinsk test site, etc.).
A complete detailed list of persons who will not be affected by the government's planned increase in the retirement age from 2019 is given in (PDF file format) prepared by specialists of the Pension Fund of the Russian Federation.
Since January 2015, many changes have been made to Russian legislation. The innovative approach, which marked the new law on pensions, changed the principle of calculation that is familiar to citizens. The score-based and multiplier-based order introduced in 2015 is unusual and still needs clarification. To understand the new system of forming pension accruals, one should understand what changes the pension legislation of the Russian Federation has undergone since 2015, what the pension now consists of, and whether new reforms should be expected.
Pension reform laws
For a quarter of a century, three attempts have been made to completely change the Soviet approach to the formation of citizens' pensions. During this period, four main legislative acts were developed:
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Each of the documents underwent revisions in the process of use, and finally, in 2015, the reform process took its final direction.
The two basic laws that made the main changes to the pension legislation of the Russian Federation are closely related to the laws on compulsory insurance (Federal Law No. 167 of 12/15/01 and Federal Law No. 360 of 11/30/11), in the system of which there have also been changes.
To understand how the pension system has changed, one should look at the rules that existed before the implementation of the last reform.
Legislation before reforming the pension system
The main pension in Russia until the changes in the legislation in 2015 remained the labor pension.
She was appointed:
- by old age, depending on the length of service;
- on disability, when a person has lost the ability to work fully;
- on the loss of the breadwinner, if the citizen was dependent on the deceased until the moment of death.
Payments were made monthly, and the calculation and receipt procedure was based on federal law 173 on pensions (12/17/01).
The criteria for starting age payments were:
- reaching 60 years for men;
- achievement for women - 55 years;
- more than 5 years of experience.
The amount of payments depended on:
- from the period of continuous work experience, during which insurance contributions were deducted from the PFR;
- from indexing;
- from additional circumstances that make it possible to recalculate the total amount of the payment (for example, awards and titles served as an increasing coefficient).
In addition to the above types of pension appointments, it was possible to retire on the basis of “seniority”, that is, until reaching retirement age. The allowable period of retirement in this case depended on the field of activity of the citizen.
Calculation formulas were based on indicators such as:
- the established minimum size;
- the total amount of savings;
- the estimated period of payments;
- additional factor.
With regard to state provision for old age, the pension legislation allowed for the division of pensions into insurance and funded parts. Both parts were paid out at the same time.
The new pension reform of 2015 in Russia
The main difference of the new system was the abolition of the old format for calculating the pension provision.
Important! Labor pension, as well as seniority, were excluded from the formula and replaced with new indicators.
Since 2015, the funded and insurance parts have become separate units. In addition, an individual coefficient was introduced into the calculation - a point. The point system has become the basis of the insurance pension.
It allows you to:
- take into account more fully the periods of employment of citizens;
- gives independence from forced interruptions in work;
- takes into account various types of activities, classifying them as employment.
The general principle for the formation of an insurance pension, from the amount of which compulsory state security is determined, is the payment by a citizen (or authorized persons) of insurance contributions to the Pension Fund of the Russian Federation before reaching the established retirement age. The funded pension, introduced as a separate amount, was created with the aim of generating additional funds, which a citizen could regulate independently.
Initial reform:
- made it possible to contribute personal savings to the funded part;
- allowed to manage this type of capital, trusting to use it for investment purposes to third-party accredited organizations;
- provided government compensation allowances (co-financing).
It is on this part of the reform that the crisis years have most of all affected. They also provoked changes in the continuation of the annual indexation of the insurance part of pension savings and influenced the opinion of lawmakers about the retirement age.
Changes in pension legislation
How the approach to calculating pension payments has changed becomes clear when analyzing the latest laws.
On insurance pension (Federal Law No. 400)
Since 2015, the insurance part of the pension consists of a fixed amount, calculated:
- from the duration of the total insurance experience;
- based on retirement points.
In order to receive an old-age pension, the Law on Insurance Pensions No. 400 obliges a citizen to:
- reach the established age;
- have an insurance experience of more than 15 years;
- have a retirement individual pension coefficient (IPC / point) of at least 30.
The federal law on insurance pensions refers to them:
- official work on the territory of the Russian Federation (and outside it, if it is determined by the legislation of the Russian Federation);
- years of service in the armed forces, the Ministry of Emergency Situations and the internal affairs bodies of the Russian Federation;
- time spent caring for children under 1.5 years old (the period is taken into account if in total it has not exceeded 6 years);
- periods of temporary incapacity for work, due to health or due to circumstances (if at the specified time the citizen received benefits or compensation for illness, unemployment, relocation, etc.);
- periods of unjustified detention in places of deprivation of liberty;
- time spent caring for a disabled person of any age and a pensioner over 80 years old;
- the time spent by the spouses of the military if there is no opportunity to find a job on the territory of the spouse's service (a period with a total duration of up to 5 years is taken into account);
- the time of work of citizens and the residence of their spouses abroad, associated with the performance of international public service (a period of up to 5 years in total is taken into account).
For example, this is established for people who worked in the Far North or for a long time (more than 30 years) who gave to agriculture. The list of professions and conditions is approved by the Government by separate provisions. In addition, citizens who have reached 80 years of age have the right to an additional coefficient that doubles the size of the insurance part.
All these nuances are designed to take into account the point system. At the same time, to calculate individual pension coefficients / points, the duration of work after reaching retirement age is taken into account.
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On funded pension (Federal Law No. 424)
The funded part of the pension is now regulated by a separate document. At the same time, it is closely intertwined with the Federal Law on insurance pensions:
- funds are stored and accumulated on the personal account of the insured person;
- the grounds for the appointment of a pension are the same as provided by the law on insurance pensions (including early appointment);
- only those citizens have the right to a monthly payment from the funded part, the amount of funds in the personal savings account of the insured person who is equal to or exceeds 5% of the amount on the insurance account;
- if the savings account contains an amount less than 5% of the insurance pension, the citizen has the right to receive it in his hands at a time.
You can increase the size of payments using:
- additional contributions sent by the employer at the request of the citizen (the possibility existed until 2016);
- replenishment of the account with personal savings;
- increasing the amount at the expense of maternity capital or part of it;
- participation in co-financing programs;
- transfer of management of funds to experienced funds for subsequent investment.
Despite the fact that a citizen accumulates this type of pension himself, he can dispose of it before his official retirement quite conditionally:
- more conservative citizens were asked to leave funds under the control of the state, where the accumulated amount will be more protected, but one should not expect high returns from investment;
- it is more risky to give funds under the management of non-state pension funds, where you can count on a higher profitability from investment transactions, while there is a possibility of losing the entire amount of income (funds received on the account are saved in any case, only the income received from them is at risk) ...
In addition, this type of pension, in contrast to insurance, is allowed to inherit.
On raising the retirement age (Federal Law No. 143)
Changes in the pension legislation have not bypassed the topic of the age of pensioners. Since 2017, according to the document, the terms of retirement have been changed for those categories of citizens who are employees in state and municipal departments. The document applies only to those employees who are just going to retire.
- the retirement age from 2017 will be from 60 to 65 years, and the increase will be phased;
- for certain positions, the age was immediately increased to 65;
- executives have a possible retirement age of 70 (with a phased extension);
- the term of the seniority pension has changed (to receive a pension on this basis, it will be necessary to work not 15, but 20 years).
Forecast of the further existence of the current pension system
Already 2016 forced the government to make unplanned changes to the pension program. There was a deficit in the funds for the formation of the pension fund. The main factor behind the changes was the need for savings and new options for replenishing the budget.
This expressed itself:
- in the abolition of the annual indexing of pensions and replacing them with a compensation payment (for some categories of citizens, indexing was not canceled, but was seriously cut);
- if until 2016 it was possible to send a part of insurance contributions in the amount of 6% to a funded pension, now contributions to it are voluntary (employers transfer all funds for citizens only to the funds for the formation of an insurance pension through 2020 inclusive);
- now workers in hazardous industries will not be able to retire early, as it was before.
It is still unclear whether the crisis forced such steps or the calculation of the program's work was initially incorrect. What is new in the pension legislation that has been observed over the past two years does not make it possible to make positive forecasts regarding the pension reform.
Of the pluses left over from the original 2015 pension reform, we can list the following:
- the funds formed in the savings accounts of pensioners until 2016 have been preserved and are still being invested;
- you can give savings under management at your own discretion;
- the annual adjustment remained, which depends on the reduction in the expected payment period;
- continuing to work after the onset of retirement age allows you to increase the amount of payments by increasing the IPC.
Having conceived a reform corresponding to the spirit of the times, legislators impede its development, and each subsequent law on pensions neutralizes the achievements of 2015, when the reform took an active start. The Russian government is currently discussing the possibility of further reforming the pension system.
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Old age pensions are benefits that are paid every month. The amount of pension payments may differ. The amount of the allowance depends on the length of service or other charitable activity that is beneficial to society.
Old-age insurance pension is a payment that is accrued to insured persons every month.
Its size is calculated according to several indicators:
- Amount of wages;
- The amount of remuneration or other payments;
- The period of lost incapacity for work due to disability and / or old age (Federal Law on Conditions for the Disabled).
The structure of the Pension Fund has changed significantly recently. Now, in order to receive an old-age pension, you need to work officially. By law, employers pay monthly insurance premiums for their employees. The size depends on the amount of wages. The interest on the pension payment is calculated from it.
Please note: The amount of payment depends on the current salary.
All laws on pensions of the Russian Federation are presented below:
- Federal Law "On Insurance Pensions", which was adopted in 2013;
- Federal Law No. 385 "On the abolition of the indexation of pensions for working pensioners";
- Federal Law No. 424 "On funded pension";
- Federal Law No. 422 “On Guaranteeing Rights in the Formation and Investment of Pension Savings Funds”;
- FZ.
The procedure for calculating pensions in the Russian Federation
Federal Law No. 400 contains information on the calculation of old-age pension. It provides a formula for calculating:
SP = (CPB * SB) + PV
PBC- the number of points that were accumulated by the insured person before the pension was accrued. Pension points - an indicator that will be needed to calculate the pension. It began to be used after the introduced reform. The amount of points depends on the length of service, the amount of deductions and the size of the official salary.
Sat- point value. This indicator changes every year and is established by the Government of the Russian Federation.
PV- a fixed payment to the pension. It is established by the state. Its size in 2017 is 4805.11 rubles.
As stated by the Federal Law, to apply for a pension payment, contact one of the following institutions:
- Branch of the Russian Pension Fund;
You can also make a payment in your personal account on the portal of the State Pension Fund of Russia.
Documents for registration:
- Application for the appointment of a monthly allowance;
- Identity card (passport);
- SNILS;
- Employment history;
- Other documents confirming work experience.
The Pension Fund lacks data prior to 2002. For this reason, it is necessary to provide documents with which you can calculate points. The calculation period is 60 months or 5 years (until 2002).
The law states that documents are checked within 10 days. The pension is paid from the date on which the application is submitted. It is impossible to receive a payment before the rights received for it. However, lawyers advise submitting documents before retirement.
Subsequently, pensions are paid once a month in accordance with the procedure established by the Government.
The place for issuing funds depends on the choice:
- Russian Post: at home or at a branch;
- Bank: to a plastic card or at the cash desk;
- Special companies for the delivery of payments.
Is seniority important?
The length of service is reflected in the amount of pensions and various government supports intended for pensioners. Therefore, seniority is important only for persons of retirement age. In the USSR, such experience was of greater importance. However, it was not always possible to work for a long time in one company, even if the desire remains. Therefore, there are fewer advantages of continuous work experience than disadvantages.
In principle, the effect of continuous seniority on the final payout is the same as normal. 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 work experience according to the law? Information about work experience can be lost only if you could not find the work book or it was damaged. If a person has lost his work book, he must immediately contact the employer at the last place of work.
Please note: a duplicate is issued within 15 days after the application is accepted.
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. Changes have also been made to the latest revision.
Article 2.
Article two of the Federal Law defines the chief administrators of the budgetary Fund's income, as well as:
- The list of the main administrators of the Fund's budget revenues is approved in accordance with Appendix 1;
- The list of chief administrators of sources of financing the Fund's budget deficit is approved according to Appendix 2 of this Federal Law.
Article 6.
Article 6 of this law defines the specifics of the resolution on the use of budgetary appropriations. The money comes from the state fund to the budget for the payment of the insurance pension. In other words, they are used to finance the payment of 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 contains the exact amounts of allocated funds, which are distributed among various categories of citizens.
For more information on this Federal Law, to analyze amendments and additions, go to.
Federal Law N 173-FZ of 12/17/2001 as amended on 12/28/2013 with amendments that came into force on 01/01/2015 On labor pensions in the Russian Federation regulates the procedure and procedure for registration of a labor pension in the Russian Federation in accordance with the federal law on compulsory pension insurance ... The same law regulates the procedure and procedure for issuing disability labor pensions in the Russian Federation (Article 8 of Chapter II and Article 15 of Chapter III). Federal Law No. 173-FZ has been in effect since 2001, and amendments are regularly made to it to stipulate compulsory pension insurance on the territory of the Russian Federation.
the Russian Federation
FEDERAL LAW of 12/17/2001 N 173-FZ (as amended on 12/28/2013 with amendments that came 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 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 loss of 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 merchant 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 unloading includes insurance and freight costs, unless the freight is at the risk of the owner.
2. In the event of the sale of damaged goods, losses related to general average shall be the difference between the value of the goods in an undamaged state, determined in accordance with paragraph 1 of this article, and the net proceeds from the sale of the goods.
3. Losses from damage or destruction of items loaded onto the ship without the knowledge of the shipowner or his agents, as well as from damage or loss of goods that are deliberately handed over for their carriage with an incorrect name, shall not be recognized as general average. If such property is saved, its owners are obliged to participate on a general basis in contributions for general average.
The owners of goods, the value of which, upon delivery for transportation, is declared below their actual value, participate in contributions for 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. Calculation errors found in the average statement after its registration in the average statement register can be corrected by the average adjuster on his own initiative or at the request of the persons between whom the general average is distributed, by drawing up an addendum to the average statement (addendum), which is its integral part.
2. Persons between whom the general average is distributed may challenge the average statement in court within six months from the date of receipt of the average statement or addendum to it with the obligatory notification of the average 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 statement in court and give explanations on the merits of the case.
4. The court considering the dispute on the average statement may leave the average statement in force, amend it or cancel it and instruct the average adjuster to draw up a new average statement in accordance with the court decision.
1. In the event that the collision of ships occurred by accident or as a result of force majeure or it is impossible to establish the reasons for 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 vessels or one of them were at anchor at the moment of collision or were fixed in another way.
1. In order to limit his liability for pollution damage in accordance with this Code, the ship owner must create a liability limitation fund for a total amount equal to the limit of his liability in a court or arbitration court, in which a claim is brought against him for compensation for pollution damage, or may be presented in accordance with the competence of a court or an arbitration court established by Article 325 of this Code. Such a fund can be created by depositing an amount in a deposit of a court or an 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. Costs and donations, insofar as they are reasonable and voluntarily incurred by the shipowner in order to prevent or reduce pollution damage, give him the same rights in relation to the liability limitation fund as other creditors.
3. The insurer or other person who has provided financial security has the right to create a liability limitation fund in accordance with this article on such conditions and of the same value as if the fund had been created by the owner of the ship. Such a fund may be created even if, even in accordance with this Code, the owner of the ship cannot limit his liability. The creation of such a fund does not in this case affect the rights of the victims in relation to the owner of the ship.
4. The liability limitation fund, created in accordance with paragraph 1 of this article, shall be subject to the rules on the distribution of the liability limitation fund established by this Code.
5. If the owner of the vessel after the incident has created a liability limitation fund in accordance with this article and has the right to limitation of liability:
no person claiming compensation for pollution damage caused as a result of this incident has the right to satisfy such claim at the expense of any other property of the owner of the ship;
a court or arbitral tribunal shall order the release of the vessel or other property belonging to the owner of the vessel, which is seized for compensation for pollution damage caused by such an incident, and also releases any bond or other security provided to prevent such seizure.
The rules established by this clause shall apply if a person claiming compensation for pollution damage is entitled to defense in a court or arbitration court that administers a liability limitation fund, and such a fund can actually be used to satisfy the claim of such a person.
1. In the event of damage caused by an incident with
Each article of this law is dedicated to a specific category of citizens, for example, in Art. 14, each item contains the rules for calculating future funds, and 11 - contains information about 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, which contains the first point, namely:
- In accordance with the decision of the federal law on labor pensions, the base 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 the accumulated funds. This scheme, containing paragraph 1, article 30, will help to calculate the future pension capital.
- 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 aid. Article 14 of Federal Law 173 will help to determine the exact amount. Certain production standards have been established: 20 and 25 years for the weaker and stronger sex, respectively.
- The average monthly earnings for a certain time are calculated - the information contained in parts 10, 11, 12, 13 of the federal law on labor pensions will help to determine the months counted in production. The 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 obtained is multiplied by a special coefficient and the average monthly salary in the Russian Federation. This indicator 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 disabled people, the coefficient will be 0.3. At the same time, a different size of the insurance part of the future pension balance has been 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 region, as well as in the corresponding regions, there are certain calculation schemes - this is also taken into account in Article 30, and 11, and 14.
Under the standard conditions contained in Article 14, the ratio of SZ (average monthly wages) and SZP (average monthly wages in the Russian Federation) should not exceed 1.2. But so in this case, other factors are applied, then the calculation will be carried out in this way:
- No more than 1.4 - if the activity is carried out in an area in which the coefficient is set to 1.5
- No more than 1.7 - up to 1.8
- No 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-production sectors will be used.
Development in Art. 11 and 30
Even those citizens of the Russian Federation who do not have sufficient work experience have the right to receive a pension.
Standardly, it is 20 and 25 years for the weaker and stronger sex, respectively. The formula uses the ratio of the rate of required and full length of service, multiplied by the actual.
It is worth noting that in more detail the periods of time taken into account in the total production are considered by paragraph 1 of Art. 11. It is worth highlighting the main ones:
- Creative activity
- Work outside the Russian Federation
- Service in certain structures and in the armed forces
- Individual activity
- Temporary disability resulting from an injury at work
- The period of receiving 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
ФЗ №173 contains new rules for the conversion of pensionsOn the basis of the federal law on labor pensions, such an opportunity is provided for 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 until the beginning of 2002.
It is important to take into account that if during the service serious injuries were received that caused temporary disability, then the period of temporary disability will be equal to the main job. At the same time, Art. 11 and 14 confirm that seniority is calculated on the same conditions as for full-time activity.
Protection of the rights of pensioners
ФЗ №173 protects pensioners in Russia For those who, at the time of the adoption of Federal Law 173, were already recipients of a pension, regardless of its type (old age, disability, loss of a breadwinner), payments will continue to come, 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 district coefficient. In addition, there are certain increases and compensation payments in accordance with the standard of living in the Russian Federation.
If assistance is assigned for the loss of a breadwinner, but an individual account has not been opened before, then the procedure for calculating the 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 date of the pension - this information is contained in Article 14.
Pension rights
Importantly, within the framework of Federal Law 173, namely Article 30, the preservation of pension rights that were acquired before its entry into force is implied. Namely:
- All pension rights are converted to savings
- The periods of activity that are included in the production and those that are excluded from it have been determined.
- The process of calculating the pension has been revised.
The calculation of labor pensions is carried out on the basis of Federal Law No. 173 It is important to take into account 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 allowed us to revise the approach to the calculation of pensions, which makes the formation of future savings more efficient and profitable. It should be noted that financial payments accrued before 2002 are subject to mandatory indexation for the entire period. If you 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 you can make sure that the amount of pension capital increases almost 2 times. That is why, due to the introduction of new settlement rules, the mechanism has become more productive. In addition, there are no restrictions previously in force and implying a limitation of only three sizes of pension capital. Thanks to this, the introduction of the new federal law did not deprive citizens of those rights that they had received earlier.
The federal law on labor pensions is designed to effectively form and calculate 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 make it possible to analyze in detail the features of this FZ.
In general, you can find out about who is entitled to receive a pension under this law from this video.