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Federal law on labor pensions in the Russian Federation. Law on raising the retirement age

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

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

Legislation before reforming the pension system

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

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

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

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

Types of labor pensions:

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

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

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

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

New pension reform of 2015 in Russia

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

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

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

Changes in pension legislation

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

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

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

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

Conclusion

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

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

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

general characteristics

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

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

About general provisions

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

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

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

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

Conditions for receiving payments

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

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

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

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

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

About experience

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

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

About the amount of payments

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

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

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

And in conclusion…

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

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

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

The Law on Labor Pensions regulates the procedure for obtaining pensions for a special category of citizens. This article will discuss the Federal Law N 173-FZ of December 17, 2001, as well as some other laws in the field of pensions.

Important! It should be noted right away that Federal Law N 173-FZ of December 17, 2001 “On labor pensions in the Russian Federation” does not apply starting from January 01, 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 the Federal Law on Labor Pensions with the latest changes

The law refers to employees who have already reached retirement age and have the work experience prescribed by law. The law also establishes the types of pensions and the categories of citizens who can receive them.

In addition, the law on labor pensions regulated the following issues:

  • conditions for obtaining pensions and the procedure for its accrual and delivery;
  • the procedure for calculating deductions from pension payments;
  • the procedure for calculating directly pension amounts.

The Law on Labor Pensions - structure of the normative act

The document consists of 7 chapters and 32 articles:
Chapter I. General Provisions

  • Article 1. Legislation of the Russian Federation on labor pensions
  • Article 2. Basic concepts used in this Federal Law
  • Article 3. Persons entitled to a labor pension
  • Article 4. Right to choose a pension
  • Article 5. Types of labor pensions
  • Article 6

Chapter II. Conditions for the appointment of labor pensions

  • Article 7. Conditions for assigning an old-age labor pension
  • Article 8. Conditions for the appointment of a labor disability pension
  • Article 9

Chapter III. Insurance experience

  • Article 10. Periods of work and (or) other activities included in the length of service
  • Article 11
  • Article 12
  • Article 13

Chapter IV. Sizes of labor pensions

  • Article 14
  • Article 15
  • Article 16
  • Article 17. Determination, recalculation, indexation and adjustment of labor pensions
  • Article 17.1. The share of the insurance part of the old-age labor pension, established for the seniority pension by federal state civil servants
  • Article 17.2. The share of the insurance part of the old-age labor pension, established for the seniority pension for citizens from among the employees of the flight test staff

Chapter V. Appointment, recalculation of sizes, payment and delivery of labor pensions

  • Article 18
  • Article 19
  • Article 20
  • Article 21. Suspension and resumption of payment of labor pension
  • Article 22. Termination and restoration of payment of labor pension
  • Article 23. Terms of payment and delivery of labor pension
  • Article 24
  • Article 25
  • Article 26

Chapter VI. The procedure for preserving and converting (converting) previously acquired rights

  • Article 27
  • Article 27.1. Early appointment of a labor pension to citizens from among the employees of the flight test staff
  • Article 28
  • Article 28.1. Summing up the length of service in the relevant types of work and reducing the age that gives the right to an old-age labor pension for persons who worked in the regions of the Far North and equivalent areas
  • Article 29
  • Article 29.1. The amount of the estimated pension capital of the insured person, taking into account which the amount of the labor pension (the insurance part of the old-age labor pension) is calculated
  • Article 30. Evaluation of pension rights of insured persons
  • Article 30.1. Valorization of the value of the estimated pension capital of the insured person, calculated when assessing his 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 in connection with a change in the value of the estimated pension capital calculated when assessing the pension rights of insured persons, and (or) a change in the amount of valorization

Chapter VII. Procedure for Enactment of this Federal Law

  • Article 31. Entry into force of this Federal Law
  • Article 32

Important! The provisions of the law on labor pensions have lost their force after the amendment of the legislation. For example, after the entry into force of the norms of the law on insurance pensions, the norms of the law under discussion are valid only in the part that does not contradict this innovation.

Changes in pension legislation

In 2004, the Supreme Court adopted a ruling according to which every citizen of the Russian Federation has the right to expect that the pension will be assigned in accordance with the norms of the legislation that was in force during the period of employment. That is, if a citizen caught all the pension reforms taking place from 1990 to 2015, then the assignment of a pension will take place on the basis of all three laws.

With the pension reform of 2015, two new federal laws came into force at once - On insurance pensions and funded pensions, respectively, the Law on labor pensions, for the most part, ceased to operate.

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 affected the conditions for assigning old-age insurance pensions, where there have been significant changes:

  • instead of the previously required 5 years of experience, an annual system of increasing length of service from 6 (2015) to 15 years (2024) was introduced;
  • the concept appeared - a fixed payment instead of the previously existing "fixed base amount";
  • the influence of the 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 the fixed payment in the case when a citizen does not retire voluntarily, when he is already entitled to it.

Federal Law No. 424-FZ "On Funded Pension"

A funded pension is a monthly cash payment calculated on the basis of funds in a special part of the personal account of insured persons. According to Article 4 of this law, citizens who have an amount equal to at least 5% of the amount of the insurance pension on the main personal account are kept in a special part of their personal account are entitled to a funded pension. In the event that a person has an amount of less than 5% of the amount of the insurance pension on the savings account, the citizen has the right to receive this entire amount (at a time).

The legislative document establishes that the size of the funded pension can be increased with the help of additional contributions and contributions at the initiative of the employer, additional payments of maternity capital, as well as through the pension co-financing program.

The Law on Labor Pensions in the Russian Federation under the number 173-FZ regulates all issues related to the calculation of pension payments. It establishes the legal basis for citizens of the Russian Federation to be able to receive appropriate accruals. Also, this legal provision stipulates the order in which the implementation of these processes is carried out.

The concept and types of pensions under the Federal Law on Labor Pensions of the Russian Federation

The presented regulation on the appointment of pensions in the Russian Federation was adopted in 2001. Structurally, it consists of seven chapters, which are separated by 32 articles. Thematically, they include the following sections:

  • general provisions define the basic concepts used in the article, establish the persons who are entitled to these pension payments, and also determine the types of payments;
  • the conditions for the implementation of accruals establish the legal framework for each type of pension provision;
  • the insurance period specifies the required period for receiving payments, the procedure and system for calculating them;
  • the amount of compensation is also subdivided depending on their type, the share of the insurance part is established;
  • further, the procedure and accrual procedure are established, as well as all issues related to recalculations and delivery;
  • the procedure for preserving the rights previously obtained under the current legislation is established.

In accordance with the main types, pension provision can be accrued on the following grounds:

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


All four articles ultimately discuss the following categories of the population that can count on early registration of old-age pension payments:

  • conditions for early compensation for men and women involved in difficult working conditions;
  • assignment of pension compensation to employees of the flight test staff;
  • certain categories of citizens who, for health reasons or social status, can count on early appointment;
  • workers of the Far North and equivalent areas are separately stipulated.

The provisions of these articles regulate the legal aspects of early appointment and the procedure for providing pension payments. Their constant refinement and amendments provide up-to-date information on the situation with these accruals today.

As a result, in the latest edition of articles 27 and 28, together with additional ones, are lists of categories of citizens. It is this category that can count on early retirement.

Law 173-FZ on labor pensions in the Russian Federation in the latest edition

Changes to the Federal Law on Labor Pensions of the Russian Federation were made throughout the period of its validity. The latest edition offers the opportunity to obtain complete and up-to-date information on the statute.

For convenience, the following document contains links to the related acts. This allows you to visually receive complete information on emerging issues. Also, with their help, you can study the procedure for making changes and their content.

The latest version of the statute 173-FZ was amended in November 2015 in accordance with the Resolution of the Constitutional Court of the Russian Federation. If we talk exclusively about the wording of the Federal Laws, then the last change in them falls on June 2014.

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

Federal law on labor pensions in the Russian Federation

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

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

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

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

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

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

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


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

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

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

173 FZ latest changes for today and comments

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

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