Federal Law on Labor Pension in the Russian Federation. Federal Law on Labor Pensions in the Russian Federation is the main provisions. Federal Law on Labor Pensions in the Russian Federation
Pension reform 2015 is a kind of next step in the development of the pension system and legislation that regulates it. However, now, both before analysts, and before ordinary citizens, the question arises, and whether this step was a step backwards? Is the right pension system? Of course, clear, and the main thing is not the right answer to this question.
In order to understand the essence of this reform, it is necessary to analyze the legislation governed by the pension system until 2015, and then evaluate how it was changed by the current new laws.
Legislation before reforming the pension system
Before the introduction of new laws (it is her, we will be considered as the most common in the Russian Federation) was calculated and appointed in accordance with the Federal Law of December 17, 2001 N 173-FZ. Based on this document, this document can be determined as a monthly monetary payment appointed by the insured persons who have lost disability in connection with, or if they were such persons (breadwinters) and ceased to receive livelihoods in connection with their death.
When considering the pension system until 2015, the fact that was a single payment consisting of insurance and accumulative parts.
Law N 173-FZ "On labor pensions in the Russian Federation"
As mentioned above, the main document before 2015 was the Federal Law "On labor pensions in the Russian Federation". All with regard to payments and conditions for which the appointment took place was exactly in it. For a better understanding of the changes that the reform of the 2015 pension system brought, it is worth identifying the highlights that are reflected in this document.
Types of labor pensions:
- - This type of retirement payments is appointed to persons who have been established. disability;
- - is paid to disabled dependents of insured persons in the event of their death;
- - It is appointed to men and women of 60 and 55 years, respectively, if they have an insurance experience at least 5 years.
It is also worth noting such a thing as the period during which the Pension Fund of the Russian Federation (FIU) came.
An important factor was including the indexation of the size of the labor pension, the possibility of early access to it with certain categories of citizens, as well as the implementation of the recalculation of the amount of payments in the event that citizens had circumstances for this.
Until 2015, the main components of the formulas for calculating labor pensions were such values \u200b\u200bas: basic size, the amount of pension savings, the expected payment period and the coefficient (insurance experience in months / 180 months).
New Pension Reform of 2015 in Russia
From 2013 to the end of 2014, the State Duma developed draft laws that were to the third time (over the past 25 years) reform the system concerning labor pensions.
The main change that brought, appeared abolition of labor pension As such: now, instead of the two components of the parts, two independent pensions appeared, the calculus and purpose of which are governed by two different laws - this is.
In addition, the new legislation has changed the formula for which the insurance pension is calculated - now it presents an individual pension rate (pension score or IPC), as well as its value. It is these quantities that are determining since 2015 when calculating insurance pension provision.
Changes in pension legislation
First of all, it is worth a look at the real steps that the country's leadership already made in this area:
- increase retirement age for civil servants;
- freezing of pension savings;
- change rules.
Unambiguous answer to the question "What way will the retirement system develop?", of course not. However, it can be seen that the Ministry of Finance and the Ministry of Labor are lobbyed (which, in the opinion of experts, can be prolonged into life already in 2017), in fact, which reduced those advantages that could be found in reform 2015:
- termination of pension payments and;
- once again planned change the procedure for the formation of a cumulative pension - Now capital will have to be formed from conditionally voluntary contributions.
Conclusion
Reforming 2015 can be treated in different ways: someone will see the pros, someone will ratify on complication. However, the only thing that citizens can do in this situation are more savvy in the pension sphere: read literature, follow the news, finally, do not be shy to seek advice to employees of pension offices.
With 100% confidence to say whether the retirement system was reforming in the right direction, so far no one - Even among people who made these laws for consideration in the House of Parliament, they still do not destroy the disputes, whether it needed to be a society and the country.
From January 2015, many changes have been made to Russian legislation. An innovative approach that was marked by a new law on pension, changed the usual principle of calculation. Based on points and coefficients, the order introduced in 2015 is unusual, and still needs explanations. To understand the new system of education of pension calculations, it should be understood which changes in the Russian Federation underwent from 2015, which is now a pension, and whether new reforms should be expected.
Laws of pension reform
For a quarter of a century, three attempts were made to completely change the Soviet approach to the formation of pensions of citizens. During this period, four main legislative acts were developed:
Download for viewing and printing:
Each of the documents in the process of use was refined, and finally, in 2015 the reform process adopted the final direction.
Two basic laws that have 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 also occurred.
To understand how the pension charge system has changed, the rules that existed before the start of the implementation of the latest reform should have been applied.
Legislation before reforming the pension system
The main pension in Russia before the change in the legislation of 2015 remained labor.
She was appointed:
- in old age, depending on the spent experience;
- for disability, when a person losing the ability to work fully;
- on the loss of the breadwinner, if the citizen was before the death of the deceased.
Payments were carried out monthly, and at the heart of the procedure for calculating and obtaining Led 173 Federal Law on Pensions (December 17, 2012).
The criteria for the start of payments by age was:
- achievement for men 60 years;
- achievement for women - 55 years;
- work experience more than 5 years.
The amount of payments depended:
- from the period of continuous experience of the work during which insurance premiums were expelled in the FIU;
- from indexation;
- from additional circumstances to make the recalculation of the general amount of payment (the raising coefficient served, for example, awards and titles).
In addition to the above types of pension purposes, it was possible to retire at the "length of years", that is, until retirement age achieve. The permissible retirement period in this case depended on the scope of the citizen's activities.
The calculation formulas was based on such indicators as:
- mounted minimum size;
- total savings;
- presumptive period of payment of payments;
- additional coefficient.
Regarding the state-owned in old age, pension legislation allowed a pension to the insurance and accumulative part. The payment of both parts occurred at the same time.
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 work experience, were excluded from the formula and replaced with new indicators.
Since 2015, the accumulative and insurance part has become separate values. In addition, an individual coefficient was introduced into the calculation. The balleal system has become the basis of the insurance pension.
It allows you to:
- more fully take into account periods of employment of citizens;
- gives independence from forced breaks in work;
- takes into account various types of activity, ranging them to employment.
The general principle of the formation of an insurance pension, from which compulsory government security is determined, is the payment by citizen (or authorized persons) of insurance premiums in the FIU to the achievement of the established retirement age. The accumulative pension introduced as a separate value was created to form additional funds that a citizen could regulate independently.
Initially reform:
- gave the opportunity to make personal savings into the accumulative part;
- allowed to manage this type of capital, trusting to use it for investment purposes to third-party accredited organizations;
- provided government compensation surcharges (co-financing).
It is on this part of the reform that crisis years reflected. They also provoked changes to the continuation of the annual indexation of the insurance part of pension savings and influenced the opinion of the legislators on the retirement age.
Changes in pension legislation
As the approach was changed to the calculation of pension payments, it becomes clear when analyzing the latest laws.
About the 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 general insurance experience;
- based on pension points.
To get a retirement pension Act on insurance pensions No. 400 obliges a citizen:
- achieve the established age;
- have insurance experience more than 15 years;
- have a pension individual pension coefficient (IPK / score) not lower than 30.
The Federal Law on Insurance Pensions refers to them:
- official work in the territory of the Russian Federation (and abroad, if determined by the legislation of the Russian Federation);
- years of service in the Armed Forces, Ministry of Emergency Situations and the internal affairs bodies of the Russian Federation;
- time spent on child care up to 1.5 years (a period is taken into account if it has not exceeded 6 years);
- periods of temporary disability, health or by circumstances (if at the specified time a citizen received a manual or compensation for illness, unemployment, during relocation, etc.);
- periods of unreasonable content in places of imprisonment;
- time spent on caring for disabled people of any age and a pensioner over 80 years old;
- the time spent by the spouses of the military, if there is no possibility of employing on the territory of the spouse service (it takes into account the period of the total duration of up to 5 years);
- the time of the work of citizens and the residence of their spouses abroad associated with the revocation of the International Public Service (takes into account the period of the total duration of up to 5 years).
For example, this is established for those who worked at the extreme north or for a long time (more than 30 years) to agriculture. The list of professions and conditions is approved by the Government with certain provisions. In addition, the right to an additional coefficient, twice the size of the insurance part, has citizens who have reached 80 years.
All these nuances are designed to consider the scoring system. At the same time, for calculating individual pension coefficients / points, the duration of work is taken into account after reaching the retirement age.
Do you need on this issue? And our lawyers will contact you in the near future.
About cumulative pension (Federal Law No. 424)
The accumulative 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:
- the means are preserved and accumulated on the personal account of the insured person;
- the grounds for the purpose of pension are the same as it provides for the Law on Insurance Pensions (including early appointment);
- the right to monthly payment from the cumulative part have only those citizens, the amount of funds, on the accumulative personal account of the insured person of which is equal to or exceeds 5% of the amount on the insurance account;
- if the cumulative account contains an amount less than 5% of the insurance pension, the citizen has the right to get it on hand at the same time.
Increase payout size using:
- additional contributions sent by the employer at the request of a citizen (the opportunity existed until 2016);
- replenish account with personal savings;
- increase the amount due to maternal capital or part of it;
- participation in co-financing programs;
- transfer of funds management experienced funds for subsequent investment.
Despite the fact that the citizen sails this type of pension himself, to dispose of it to the official retirement, he can be very conditional:
- more conservative citizens are invited to leave funds under the management of the state where the accumulated amount will be more protected, but not worth the high income from investing;
- risky, to give funds under the control of non-state pension funds, where you can count on a higher yield from investment transactions, while there is a possibility of losing the entire amount of income (funds received to the account are preserved anyway, only the income received on them is at risk. .
In addition, this type of pension provision, in contrast to the insurance, is allowed to inherit.
On raising the retirement age (Federal Law No. 143)
Changes in pension legislation did not go around the age of retirees. Since 2017, according to the document, the retirement time has been changed for those categories of citizens who are employees in state and municipal departments. The document only applies to those employees who are still going to go to a well-deserved rest.
- retirement age since 2017 will be from 60 to 65 years, and the increase will be phased;
- for individual posts, the age immediately increased to 65 years;
- managers have been established for a retirement period at the age of 70 (with phased extension);
- the term of retirement pension has changed (for receipt of a pension on this basis it will be necessary to work out 15, and 20 years).
Forecast of the continued existence of the current pension system
Already 2016 forced the government to make unplanned changes in the pension program. The funds for the formation of the pension fund arose a shortage. The main factor in making changes was the need for saving and new budget replenishment options.
This was expressed:
- in the cancellation of annual indexing of pensions and the replacement of their compensation pay (some categories of citizens, indexing was not canceled, but seriously cut off);
- if until 2016 it was possible to send a part of insurance deductions in the amount of 6% per cumulative pension, now contributions to it voluntary (employers list all the means for citizens only in the funds of the insurance pension for 2020 inclusive);
- now workers of harmful productions will not be able to retire early, as it was before.
It is still unclear whether the crisis for such steps to go or the calculation of the program was initially incorrect. That new in pension legislation, which is observed the last two years, does not make it possible to make a pension reform, positive forecasts.
Of the advantages that remain from the initial pension reform of 2015, you can list what:
- funds formed on the accumulative accounts of pensioners until 2016 are preserved and are still invested;
- you can give accumulation for control at your discretion;
- the annual adjustment remained, which depends on the reduction of the expected period of payments;
- continuation of work after the occurrence of retirement age allows you to increase the amount of payments by increasing the IPC.
Having conceived the reform corresponding to the Spirit of Time, the lawmakers inhibit its development, and each subsequent retirement law levels the achievements of 2015, when the reform took an active start. Currently, the Russian government discusses the possibility of further reforming the pension system.
Dear readers!
We describe typical ways to solve legal issues, but each case is unique and requires individual legal aid.
May 28, 2017, 12:19 Mar 3, 2019 13:48 
The Law on Labor Pensions regulates the procedure for obtaining pension provision of a special category of citizens. This article will be discussed about the Federal Law N 173-FZ of December 17, 2001, as well as on some other laws in the field of pension provision.
Important! It is necessary to immediately note that the Federal Law N 173-FZ of December 17, 2001 "On Labor Pensions in the Russian Federation" does not apply, starting from January 1, 2015. The exceptions are the rules governing the calculation of the size of labor pensions and those that are used to determine the size of insurance pensions.
Download Federal Law on Labor Pensions with the latest changes
The law is talking about employees who have already achieved retirement age and have an employment experience provided for by law. The law also establishes the types of pension and category of citizens who can receive them.
In addition, the Law on Labor Pension regulated questions:
- conditions for obtaining pension support and the procedure for its accrual and delivery;
- the procedure for calculating deductions from pension payments;
- the procedure for calculating directly pension sums.
Labor Pension Law - Structure of the Regulatory Act
The document consists of 7 chapters and 32 articles:
Chapter I. General
- Article 1. Legislation of the Russian Federation on labor pensions
- Article 2. Basic concepts applied in this Federal Law
- Article 3. Persons eligible for labor pension
- Article 4. The right to choose a pension
- Article 5. Types of labor pensions
- Article 6. Financial support for labor pensions (parts of an old-age labor pension)
Chapter II. Terms of appointment of labor pensions
- Article 7. Terms of appointment of an old-age labor pension
- Article 8. Terms of appointment of a labor pension for disability
- Article 9. Terms of appointment of labor pensions on the occasion of the loss of the breadwinner
Chapter III. Insurance experience
- Article 10. Periods of work and (or) of other activities included in the insurance experience
- Article 11. Other periods counted in the insurance experience
- Article 12. The procedure for calculating the insurance experience
- Article 13. Counting Rules and the procedure for confirmation of insurance experience
Chapter IV. Sizes of labor pensions
- Article 14. Sizes of labor pensions in old age
- Article 15. Dimensions of the labor pension for disability
- Article 16. Sizes of labor pension on the occasion of the loss of the breadwinner
- Article 17. Determination, recalculation, indexation and adjustment of labor pensions
- Article 17.1. The share of the insurance part of an old-age labor pension, set to a pension for long service, by federal state civil servants
- Article 17.2. The proportion of the insurance part of the old-age labor pension, set to pensions for long-term years of citizens from the number of employees of the Field Testing
Chapter V. Appointment, recalculation of sizes, payment and delivery of labor pensions
- Article 18. The procedure for appointment, recalculation of the size, payments and delivery of labor pensions
- Article 19. Terms of appointment of labor pension
- Article 20. Terms of recalculation of labor pension
- Article 21. Suspension and renewal of labor pension
- Article 22. Termination and restoration of labor pension
- Article 23. Duration of payments and delivery of labor pension
- Article 24. Payment of labor pension to persons leaving for permanent residence outside the territory of the Russian Federation
- Article 25. Responsibility for the accuracy of the information necessary for establishing and paying a labor pension
- Article 26. Holding from labor pension
Chapter VI. The procedure for preserving and converting (transformation) of previously acquired rights
- Article 27. Conservation of the right to early appointment of labor pension
- Article 27.1. Early appointment of labor pension Citizens from the number of employees of the Field Testing
- Article 28. Conservation of the right to early appointment of labor pension to certain categories of citizens
- Article 28.1. Summation of the experience in the relevant types of work and the decline in age that gives the right to an old-age labor pension, persons who worked in the regions of the Far North and region equivalent to them
- Article 29. Reply of the size of labor pensions for pension documents
- Article 29.1. The amount of the calculated pension capital of the insured person, with which the size of the labor pension is calculated (the insurance part of the old-age labor pension)
- Article 30. Assessment of the Pension Rights of the Insured Persons
- Article 30.1. Valorization of the magnitude of the calculated pension capital of the insured person calculated in the assessment of its pension rights
- Article 30.2. Determination of the size of the labor pension, taking into account the amount of valorization
- Article 30.3. Recalculation of the size of the labor pension due to a change in the value of the calculated pension capital, calculated in the assessment of the pension rights of the insured persons, and (or) by changing the amount of valorization
Chapter VII. The procedure for introducing this Federal Law
- Article 31. Entry into force of this Federal Law
- Article 32. The introduction of the expected period of payment of labor pensions established by this Federal Law
Important!The provisions of the Law on Labor Pensions have lost its strength after making a change in legislation. For example, after the entry into force of the norms of the Law on Insurance Pensions, the norms of the discussed law are valid only in the part that does not contradict this innovation.
Changes in pension legislation
In 2004, the Supreme Court adopted a definition, according to which every citizen of the Russian Federation has the right to expect that the pension will be appointed in accordance with the norms of legislation that operated during the work period. That is, if a citizen found all pension reforms held from 1990 to 2015, the appointment of pension will occur on the basis of all three laws.
With the pension reform of 2015, two new federal laws were entered into force - about insurance pensions and accumulative pensions, respectively, the law on labor pensions, in a greater part, ceased to act.
Federal Law No. 400-FZ "On Insurance Pensions"
The law on insurance pensions was adopted in connection with the need to create an appropriate base for each type of pension. The main change was touched by the conditions for the appointment of old-age insurance pensions, where significant changes occurred:
- instead of the previously necessary 5 years of experience introduced an annual system of increasing long-term experience from 6 (2015) to 15 years (2024);
- the concept appeared - a fixed payment instead of a previously existing "fixed base size";
- the influence of an individual pension coefficient appeared, the value of which should be at least 30 at the end of the transition period.
Also, the law on insurance pensions provides for an increase in fixed payment in the case when a citizen does not retire voluntarily when it is already laid.
Federal Law No. 424-FZ "On Accumulative Pension"
Accumulative pension is a monthly cash payment calculated on the basis of funds in a special part of the personal account of the insured persons. According to Article 4 of this Law, the right to fundamental retirement has citizens who have a total of 5% of the amount of insurance pension on a special part of the facial account. In the event that the person on the cumulative account is present less than 5% of the size of the insurance pension, the citizen has the right to obtain the entire amount of the entire amount (at the same time).
The legislative document establishes that the size of the cumulative pension can be increased by additional contributions and contributions to the employer's initiative, additional payments of maternal capital, as well as under the pension co-financing program.
In accordance with Federal Law No. 350-FZ of October 3, 2018, a gradual increase in the general agent, which gives the right to the appointment of an inlets in old age and pension for state security. Changes will occur gradually for a long transition period, which will be 10 years old and will end in 2028. As a result, the retirement age will be elevated for 5 years and is set at 60 years for women and 65 years for men. Today, the retirement age of women is 55 years old, the retirement age of men is 60 years.
Increased indexation of pensions
Since 2019, the law provides for an increased indexation of insurance pensions by the pace, which is advanced by the forecast growth of inflation. Insurance pensions at the old age of non-working retirees will on average, they will grow by 1 thousand rubles per month, or 12 thousand rubles per year.
From January 1, 2019, the indexation of insurance pensions is 7.05%, which is higher than the forecast inflation rate according to the results of 2018. The size of the fixed payment after indexing will increase to 5334.2 rubles per month, the cost of the pension score is up to 87.24 rubles. As a result of the indexation, the insurance pension in old age increased by an average of Russia for 1 thousand rubles, and its average annual size is 15.4 thousand rubles.
Possing a pension for each pensioner is individual depending on the size of the retired retirement. In order to find out how many of January 1, 2019 will increase the pension, it is necessary to multiply the amount of the retirement to 0.0705 (7.05%).
ExampleThe insurance pension on the disability of the non-working pensioner is 9137 rubles. After indexing from January 1, the pension will increase by 644 rubles and will amount to 9781 rubles. Another example Insurance pension at the old-age non-working pensioner is 15437 rubles. After indexing from January 1, the pension will increase by 1088 rubles and will be 16525 rubles.
If a pensioner is scheduled to a social surcharge to a pension that provides incomes at the subsistence minimum level of a pensioner, the amount of payments after indexation may remain the same or increase less than in terms of indexation.
Example The pensioner was appointed a pension of 12,347 rubles. The subsistence minimum of the pensioner in the region is higher than the prescribed pension and is 12,674 rubles. Therefore, in addition to pensions, a social surcharge has been appointed. As a result of indexation from January 1, the pension is increased by 7.05%, or 870 rubles, and amounted to 13,217 rubles. Given that the pensioner received 12,674 rubles to indexation (pension plus social flow), after indexing the payment increased by no 870 rubles, and by 543 rubles (the difference between an indexed pension, which increased to 13,217 rubles, and the previous payments in the amount of 12,674 rubles ).
Benefits and guarantees to people of pre-age
Privileges and social support measures, previously provided to achieve the retirement age, are preserved for citizens of pre-advocate age, a discount on the payment of overhaul and other housing and communal services, liberation from property and land taxes and others.
Since 2019, new benefits associated with annual dispensarization are also introduced for preworks, and additional guarantees of employment. In relation to employers, administrative and criminal liability is provided for the dismissal of employees of pre-age or refusal to accept them to work due to age. The employer also consolidates the obligation to provide annually to employees of prenets for the age of two days to free dispensarization with salary preservation.
The right to the majority of pre-exchange benefits arise 5 years before the new retirement age, taking into account the transition period, that is, starting from 51 years for women and 56 years for men. Since 2019, and further on the right to benefits, women born in 1968 and older and older than 1963 are born and older.
A five-year term is also relevant when the retirement is taken into account at the same time, the achievement of a certain age and the development of special experience is taken into account. This primarily applies to workers of dangerous and heavy professions on lists of No. 1, No. 2, etc., allowing to retire ahead of time. The offensive of pre-age and the right to benefits in such cases occurs 5 years before the age of early retirement, subject to one of the conditions: the development of the required preferential experience, if a person has already stopped working on the relevant specialty, or the fact of work on the relevant specialty.
for example, Public urban transport drivers in the presence of a necessary senseer (15 or 20 years, depending on the floor), retire at 50 years (women) or 55 years old (men). This means that the borders of the offensive age will be installed for women drivers since 45 years old, and for men drivers since 50 years old.
Previous age of doctors, teachers and other workers who have no right to retire from certain years, and when developing a special experience, it comes simultaneously with its acquisition. So, School teacher, who in March 2019 will produce the necessary pedagogical experience, starting at the same time will be considered a pre-man.
For those who have not changed the retirement age since 2019, there is also the right to pre-pay benefits 5 years before retirement. for example, in large mothers with five children it occurs since 45 years old, that is, 5 years before the usual age of retirement (50 years). In determining the status of a pre-explanation, two factors are taken into account in such cases. Firstly, the foundation that gives the right to the early appointment of a pension - they may be the necessary number of children, disability, experience in harmful production, etc. And secondly, directly the age of appointing a pension, from which the five-year period of providing benefits is counted.
Except for which the rule does not apply to 5 years are tax breaks. They are provided to achieve the previous borders of the retirement age. For most Russians, this is 55 or 60 years, depending on the floor, and in the case of erect people who are retired by people - earlier than this age. For example, for the northerners who, according to the law, retire 5 years earlier than all other, pre-age for obtaining tax breaks, respectively, 50 years for women and 55 years for men.
Confirmation of pre-mentioning status
The Russian Pension Fund launched awareness service, through which information about the Russians who have achieved prenets. These data use authorities, departments and employers to provide relevant citizens benefits. For example, employment centers, which since 2019 provide pre-considerable unemployment benefits and are engaged in professional retraining and advanced training programs.
The PFR data is transmitted in electronic form through the CMEV channels through the Unified State Information Social Security System (ECMCO) and electronic interaction with employers. The certificate confirming the status of a person as a pre-consuminger is also provided through the personal account on the Pension Fund website and in the territorial authorities of the FIU.
Transitional period to increase retirement age
For a gradual increase in retirement age, a long transitional period is provided for 10 years (from 2019 to 2028). Adaptation to the new parameters of the retirement age in the first few years of the transition period also provides special benefits - the prescription of the pension for half a year before the new retirement age. It is provided for those who should have retired in 2019 and 2020 under the conditions of the previous legislation. These are women born in 1964-1965 and men 1959-1960. Thanks to the benefit, the pension on new grounds will be appointed already in 2019: women aged 55.5 years and men aged 60.5 years.
During the entire transition period, the requirements for the experience and pension points are continued to appoint an old-age insurance pension. So, in 2019, at least 10 years of experience and 16.2 pension points are required for retirement.
Raising the retirement age does not apply to disability pensions - they are maintained in full and are prescribed to people who have lost disability, regardless of age when establishing a group of disability.
According to the results of the transition period, starting from 2028, and further, women will retire in 60 years, men - in 65 years.
Who does not change the age of retirement
The former retirement age remains in most citizens who have the right to early pension. To them, in particular, belong:
Persons whom the pension is appointed earlier than the secretly established retirement age due to work in heavy, dangerous and harmful working conditions, for which employers pay additional insurance premiums on special rates. Namely persons employed:
● on underground work, work with harmful working conditions and in hot shops - men and women;
● In severe working conditions, as workers of locomotive brigades and workers who directly carry out the organization of transportation and ensuring the safety of traffic on railway transport and the metro, as well as as drivers of trucks in the technological process in mines, cuts, in mines or ore careers - men and women;
● in the textile industry in works with increased intensity and severity - women;
● In expeditions, parties, detachments, in areas and in brigades directly on field geological and exploration, search, topographic-geodesic, geophysical, hydrographic, hydrological, forest-coercive and survey work - men and women;
● In the flood store on the ships of the marine, river fleet and the fleet of the fishing industry (with the exception of port vessels that are constantly working in the water area of \u200b\u200bthe port, service and auxiliary and travel vessels, vessels of the suburban and intracity report), as well as on the work on the extraction, fish and seafood , receiving finished products on the fishery - men and women;
● on underground and open mining, including a personal composition of the skiing parts, for the extraction of coal, slate, ore and other minerals and on the construction of mines and mines - men and women;
● in the flight composition of civil aviation, in the work on flight management of civil aviation aircraft, as well as in engineering and technical composition on the work on servicing civil aviation aircraft - men and women;
● on works with convicts as workers and employees of institutions that perform criminal punishments in the form of imprisonment - men and women;
● as tractor drivers in agriculture and other sectors of the economy, as well as motorists of construction, road and loading and unloading machines - women;
● as workers, masters on logging and forest, including maintenance of mechanisms and equipment - men and women;
● as drivers of buses, trolley buses, trams on regular urban passenger routes - men and women;
● as rescuers in professional rescue services and formations - men and women.
Persons who pension are appointed earlier than the Secondary Pension Age on Social Motibs and Health:
● Woman who gave birth to five or more children and cultivated them up to 8 years;
● Woman who has born two or more children, in the presence of the necessary insurance experience and work experience in the extreme north or in equalized areas;
● One of the parents of the disabled person from childhood, raising it up to 8 years old, - men and women;
● The guardian of the disabled person from childhood, raising it up to 8 years old, - men and women;
● disabled due to military injury - men and women;
● disabled persons with the first group of disability - men and women;
● Citizen with pituitary nanism (Liliput) and disproportional dwarf - men and women;
● Fisherman, reindeer breeding or hunter, permanently residing in the extreme north or in equal regions - men and women.
Person who pension is appointed earlier than the secretified retirement age in connection with radiation or technogenic catastrophes, including a catastrophe at the Chernobyl NPP, a catastrophe at the Chemical enterprise "Mayak", the accident at the production association "Mayak" and the discharges of radioactive waste into the Tcha River, as well as in connection with radiation impact due to nuclear tests at the Semipalatinsky landfill - men and women.
Persons who pension is appointed earlier than the secretified retirement age due to work in the flight test composition, as well as in connection with flight tests and studies of experimental and serial technology: aviation, aerospace, aeronautical and parachute - aircraft - men and women.
What changes are provided for pensioners
The increase in retirement age does not affect the current pensioners. Everyone who until 2019 has already been appointed any kind of pension, will continue to receive made payments in accordance with the acquired rights and benefits. Increased retirement age will make it possible since 2019 to ensure a higher growth in pensions of non-working pensioners due to indexing in excess of the inflation rate (in accordance with the Decree of the President of Russia "On National Treaties and Strategic Terms of Development of the Russian Federation for the period up to 2024" dated May 7, 2018 ).
Increase pensions of rural pensioners
Since 2019, residents of the village have the right to increased fixed payments to an inlets in old age or disability. The right to a 25 percent allowance for fixed payment is provided under the observance of three conditions: the presence of at least 30 years of experience in agriculture, accommodation in the village and the lack of paid work.
Poster to the pension of rural pensioners from January 1, 2019 is 1.3 thousand rubles per month, in the recipients of a disability pension having a third group - 667 rubles per month.
Specially to contact the Pension Fund of Russia for recalculating pension is not required, it happens automatically according to the information of the payment. At the same time, the pensioner has the right to submit documents required for recalculation at any time.
When counting the experience given to rural pensioners, the right to increased fixed payment is taken into account work in collective farms, state farms and other agricultural enterprises and organizations, subject to employment in animal husbandry, crop production and fish farming. For example, as agronomists, tractor drivers, veterinarians, beekeepers, etc. - all more 500 professions .
The work that was carried out until 1992 in Russian collective farms, machine-tractor stations, intercolotous enterprises, state farms, peasant farms, agricultural artels, is included in the rural experience, regardless of the name of the profession, specialty or position.
Retirement of northerners retirement
Residents of the Far North and equal localities have the right to retire early retirement for 5 years earlier than the secreted retirement age. This right is maintained by Northern and in the future. At the same time, the age of early retirement in the inhabitants of the North is gradually rising for 5 years: from 50 to 55 years old in women and from 55 to 60 years old in men.
The minimum necessary northern experience for early appointment of the pension does not change and is still 15 calendar years in the regions of the Far North and 20 calendar years in equitable areas. Requirements for insurance experience are similarly not changed and amount to 20 years for women and 25 years for men.
The transitional period to increase the retirement age of 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, Northerners, who should have been appointed pension on old legislation in 2019-2020, are also eligible for the benefit of going half a year before the new retirement age.
For example, a 1965 year old man (July), having 30 years of experience in the north and 35 years of insurance experience, will retire in January 2022 aged 56.5 years.
According to the results of the transition period, in 2028, a female Northerner of born in 1973 will be retired at the age of 55 and aged 60 years of birth.
At the same time, the transitional period to increase the retirement age is also applied in cases where the northern experience has not fully developed and a decrease in the age of prescribing a pension for each spent year in the Northern region.
Example The 1970 woman (March), which has 11 years of experience in the north and 18 years of insurance experience, should have retired in July 2021 at the age of 51 and 4 months. Given that in 2021, the retirement age will be increased for three years, a woman will be able to retire in July 2024 upon reaching 54 years and 4 months.
To some northerners, it is not less adapted to the new retirement age, since it will not be increased for them. Changes will not affect the small indigenous peoples of the North, which, depending on the floor, retire in 50 or 55 years, as well as northeaves, raising two or more children, - in the presence of the necessary northern and insurance experience, the pension has been laid since 50 years.
Appointment of pension to doctors, teachers and artists
For employees who are prescribed not to achieve retirement age, and after the acquisition of the necessary driving services (special experience), the right to retire early retirement. Such workers include teachers, doctors, ballet artists, circus gymnasts, opera singers and some others. The minimum necessary high school for assigning a pension does not increase and depending on the specific profession, as before, ranges from 25 to 30 years.
At the same time, since 2019, the retirement of employees of the listed professions is determined taking into account the transition period to increase the retirement age. In accordance with it, the appointment of the pension to doctors, teachers and artists gradually postpone from the moment of developing a special experience. At the same time, they can continue their career after the acquisition of the necessary driving service or stop work.
Example To retire, rural medical workers take 25 years of service in health facilities regardless of age and gender. If a rural physician develops the necessary experience in September 2021, the pension will be appointed to him in accordance with the generalized transitional period to increase the retirement age - after 3 years, in September 2024.
Retirement of civil servants
For state civil servants of all levels of government (federal, regional and municipal), the transition to new pension ages occurs in stages. Up until 2021, an increase in age is half a year a year, then the pace is synchronized with the general rate of raising the retirement age in the country and begins to grow by year. Male civil servants by 2028 will retire at 65 years old, women-civil servants since 2034 will retire in 63 years.
In addition, for all federal civil servants, since 2017, the requirements for the minimum experience of a civil or municipal service, which makes it possible to receive a state retirement for long service. Every year, the specified experience is growing for half a year (from 15 years in 2016) until it reaches 20 years in 2026.
Given all changes, the insurance pension of civil servants is appointed in 2019 upon reaching 56 years (for women) and 61 years (for men). Pension for long service is appointed if there are 16.5 years of experience in the civil service.
Appointment of social pension
Changes in the pension system, entering into force from 2019, do not affect the disability social pension and on the loss of the breadwinner, which are prescribed regardless of the secreted retirement age. As in the case of the insurance pension, the right of people who have lost their disability, to apply for the appointment of a pension regardless of age, regardless of state-owned pensions.
Age, upon reaching the right to a social retirement in old age, increases for 5 years in accordance with the phased transition period. By 2028, men will be appointed a social pension in old age at the age of 70, women at the achievement of 65 years.
New reasons for early retirement
Early appointment pension for long experience
A new basis for citizens having a big experience is envisaged. Women with experience at least 37 years old and men with experience at least 42 years will be able to retire two years earlier than the secreted retirement age, but not earlier than 55 years for women and 60 years for men.
Early Pensions Pension Large Women with Three and Four Children
Large women with three and four children receive the right of early retirement. If the woman has three children, she will retire for three years before the new retirement age, taking into account transitional provisions. If a woman has four children - four years earlier than a new retirement age, taking into account transitional provisions.
At the same time, for early retirement retirement, many women need to develop a total of 15 years of insurance experience.
Early appointment of pension unemployed citizens
For citizens of pre-mentioning age, it is possible to retire before the established retirement age in the absence of employment opportunities. Pension in such cases is established two years before the new retirement age, taking into account the transition period.
In addition, for citizens of pre-age since January 1, 2019, the maximum amount of unemployment benefits from 4900 rubles to 11280 rubles increases. The period of such a payment is set in one year.
Payment of pension savings
The changes in pension legislation that have entered into force do not change the rules for the appointment and payment of pension savings. The retirement age giving the right to receive them remains in the previous borders - at the level of 55 years for women and 60 years for men. This applies to all types of payments of pension savings, including a cumulative pension, urgent and lump-sum payments. As before, pension savings are prescribed in the presence of minimally necessary pension points and experience: in 2019 it is 16.2 points and 10 years, respectively.
The pension system has undergone huge changes from Soviet times.
To date, the pension system steadily seeks to western model. Improving in this field is produced in stages and steadily. Together with the very formation of future social benefits. And their size can now depend not only on the level of the received income and the amount of spent years, but also the methods of their formation.
In 2017, every citizen can determine for himself how he will form his accumulation to old age. You can trust, as before the state, contacting the Government Management Company. But there are other opportunities, for example, forming accumulations in a non-state pension fund or together with private managers.
The formation of pension legislation in Russia has clear temporary milestones. Until the 90s of the twentieth century, old-age pensions were appointed by the state without orienting the level of revenues of the former employee. It was established once and did not undergo any changes for all subsequent years. Such a state of affairs was due to the lack of inflation and the fact that the deductions themselves were formed in a different way, namely by the contributions of enterprises and budget financing.
Since 1990, changes have begun in this field, various bills were considered, because pensions demanded indexation due to the permanent increase in prices. This year, a pension fund was formed, which began to receive monthly deductions from legal entities and individuals, due to which regular accruals of pensions were performed. In addition, the calculation itself has changed significantly. And in 1992, non-state pension funds were introduced, which allowed working citizens to accumulate funds to old age.
Subsequent years up to 2000 The situation in this area was extremely heavy, despite the number of reforms. But with the beginning of the XI century, retirement reform adopted new revs, gradually stabilizing the situation.
Law "On Labor Pensions in the Russian Federation"
Legislation on labor pensions in the Russian Federation for many years was regulated 173 ФЗ. Federal Law on Labor Pensions in the Russian Federation 3 173-FZ was adopted on December 17, 2001.
This law combined many bills, proposing a fundamentally new approach to the formation. In particular, pensions began to share on the grounds for their receipt. They can be obtained not only when retirement age is reached, but also for disability, and with the loss of the breadwinner.
The benefits are formed from several different parts:
- The basic part is the minimum on which you can qualify under certain conditions.
- Insurance that directly depends on the duration of deductions to the Pension Fund.
- allowing you to independently adjust the level of funds deferred on old age.
In 173-ФЗ, the concept of periods, which are considered insurance, and therefore should be counted when the pension is accrued. According to this law, not only actually spent periods are taken into account, but also the time when:
- citizen passed an urgent military service;
- the woman carries out a newborn care;
- a disabled person was careed or an older person;
- the man was listed unemployed and received a manual and others.
The only condition for the implementation of this test in the insurance period is the fact of the existence of an official employment to the specified period or immediately after it, regardless of its total duration.
Law "On Insurance Pensions"
In 2015, a new law "On insurance pensions" No. 400-ФЗ entered into force. It is based on a new approach to the formation of a retirement benefit. Now the manual will consist of two parts:
- Cumulative amounts.
The insurance part is those tools that the employer deducts monthly to the budget for each of its employees. The rate of such deductions is 22%. This amount is automatically divided into two unequal parts:
- 6% - exactly such an amount can be deducted to immediate investments in various projects. That is, this money can work and make a profit, which subsequently can significantly increase the paid benefit.
- 16% - immediately go to the insurance part.
At the request of the employee, all 22% can immediately deduct into the insurance part, bypassing the stock market.
Cumulative amounts can be crowded in state or non-state managers . The choice remains exclusively for the citizen. If non-state companies are chosen, these funds invest in stock markets, bringing profit both companies and investors, that is, citizens contributing to the accumulation.
Does Law number 173 apply?
The law on the appointment of labor pensions No. 173-ФЗ was actually replaced by the Law on Insurance Pension Guidelines No. 400-FZ. It happened in 2015. But the adoption of the new law did not completely revoke the action of the previous FZ No. 173. In fact, today these are two of these documents. The larger edition under No. 400 is considered the fundamental. All items that coincide with the previous FZ are now interpreted only in a new edition. But those paragraphs in the FZ 173, who did not touch the changes, act and today in the same edition. Without changes, those norms remained, which describe the procedure for calculating the size of pension benefits.
It should be borne in mind that if any of the previously described norms was established in a new law, then the one is used as described in the FZ 400.
In fact, at least 173-FZ has lost its action, but some of its items are still applied at.
It will be interesting for you
