No sooner had the passions subsided over the discussion of the 2013-2015 pension reform, how is the 2018 law on pensions on the way? The decision to increase was made, as announced by Dmitry Medvedev on June 14, 2018, so pension reforms are inevitable. Let's take a closer look at the trends in the legislation in the field of pensions.

Retirement age

The government proposes to gradually raise the retirement age to 65 for men and 63 for women, the transition period will begin next 2019 and will last until 2028 for men and 2034 for women. This was stated by the Prime Minister of the Russian Federation Dmitry Medvedev at a meeting of the Cabinet of Ministers, where the relevant bill is being considered.

As for workers from the Far North and equivalent territories, the retirement age for men will be set at 60 years, for women - 58 years.

Retirement age increase scheme

Men born in 1959 and women born in 1964 will be the first to increase the retirement age: they will be eligible to retire in 2020 at the age of 61 and 56, respectively. Men born in 1960 and women born in 1965 will retire in 2022 at the age of 62 and 57, respectively. Men born in 1961 and women born in 1966 - in 2024 at the age of 63 and 58; men born in 1962 and women born in 1967 - in 2026 at 64 and 59 years old; men born in 1963 and women born in 1968 will be able to retire in 2028 at the age of 65 and 60, respectively.

On this, having reached the age of 65, the transition period for increasing the retirement age for men will end. Women born in 1969 will be eligible for retirement in 2030 at the age of 61; women born in 1970 - in 2032 at the age of 62; women born in 1971 - in 2034 at the age of 63.

The increase in the retirement age does not affect the current pensioners - it is about 46.5 million people. Those who are waiting for the appointment of a pension in the near future will not be affected by this law either, and the pension will be assigned according to the old legislation.

Old age pensions are benefits that are paid every month. The amount of pension payments may differ. The amount of the benefit 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. It calculates interest on the pension payment.

Please note: The amount of the 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 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 \u003d (CPB * SB) + FV

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 benefit;
• Identity card (passport);
• SNILS;
• Employment history;
• Other documents that confirm 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 from 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 according to 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 the 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.

Download

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.

To learn more about this Federal Law, analyze amendments and additions, go to.

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, regulating 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 17.12.2011 173-FZ was actively used. The law regulated the procedure for pension accruals, retirement age and other important points for state provision of relatively 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 seniority and the corresponding charges, is used only in extreme variations. It was almost completely replaced by a new bill: the 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 for pension accruals, government agencies were guided exclusively by work experience, but today it does not have such a value, now it is considered insurance, i.e. periods when a citizen of the Russian Federation made contributions to the PFR (insurance contributions are taken into account). We propose to delve into the main theses and concepts.

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

This Federal Law of the Russian Federation regulating the procedure for labor accruals establishes:

1. General provisions and concepts.
2. Types of pension accruals:
   old age;
   on disability;
   on the loss of the breadwinner.
3. The main interpretation of the term "insurance experience".
4. The order of pension accruals, according to this value.
5. Sizes and formulas of charges.
6. The right to early retirement.
7. Delivery of payments, the procedure for retirement by insurance experience 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 enshrined in the part of this Federal Law, which regulates the procedure for recording (entering) the insurance experience. In particular, in addition to working hours, taking into account constant contributions to the Pension Fund of the Russian Federation, this list includes:

• passing military or equivalent service;
• payments of benefits for temporary disability;
• care for each born or adopted child (it is specified here: this period in general calculation should not exceed 6 years);
• periods that a citizen was listed in the employment service;
• periods in which citizens were in custody or served a sentence, but subject to their further rehabilitation;
• periods of caring for a citizen over 80 years old, or for a disabled person of group 1, incl. the time of caring for a disabled child is taken into account;
• periods in which the family of a military contract soldier was not able to find a job and on the condition that at that time was staying with him at his place of service;
• the 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 for the provision of state insurance pensions to citizens only if, before and after them, the respective person regularly made (without withholding) 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 in 2017, which is in force, with comments, in the next article.

173 FZ last 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 applied. An exception is chapter number two, clauses and sub-clauses regulating the procedure for pension accruals (in this version of labor) for the further possibility of determining the insurance experience, but only in the part that does not conflict with the Federal Law of the Russian Federation No400.

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

The pension system has undergone tremendous changes since Soviet times.

Today, the pension system is steadily moving towards the Western model. Improvements in this area are made in stages and steadily. The very formation of future social payments has changed along with it. And their size can now depend not only on the level of income received and the number of years worked, but also on the methods of their formation.

In 2017, each citizen can determine for himself how he will form his savings for old age. You can trust the state, as before, by contacting a state-level management company. But there are other possibilities, for example, by forming savings in a non-state pension fund or together with private management companies.

The establishment of pension legislation in Russia has clear milestones. Until the 90s of the twentieth century, old-age pensions were assigned by the state without reference to the level of income of a former employee. was installed once and did not undergo any changes over all subsequent years. This state of affairs was due to the absence of inflation and the fact that the deductions themselves were formed in a different way, namely, deductions from enterprises and budget financing.

Since 1990, changes began in this area, various bills were considered, because pensions required indexation due to the constant rise in prices. This year, the Pension Fund was formed, which began to receive monthly contributions from legal entities and individuals, due to which regular pension accruals were made. In addition, the calculation itself has changed significantly. And already in 1992, non-state pension funds were introduced, which allowed working citizens to accumulate funds for old age.

In subsequent years, up to 2000, the situation in this area was extremely difficult, despite the number of reforms carried out. But with the beginning of the 11th century, pension reform took on new turns, gradually stabilizing the situation.

Law "On labor pensions in the Russian Federation"

For many years, the legislation on labor pensions in the Russian Federation was regulated by Federal Law 173. The federal law on labor pensions in the Russian Federation 3 173-FZ was adopted on December 17, 2001.

This law has combined many draft laws, proposing a fundamentally new approach to formation. In particular, pensions began to be divided according to the grounds for receiving them. They can be obtained not only upon reaching retirement age, but also due to disability and loss of a breadwinner.

The manuals are formed from several different parts:

1. The basic part is the minimum that can be claimed under certain conditions.
2. Insurance, which directly depends on the duration of contributions to the pension fund.
3. , allowing you to independently adjust the level of funds set aside for old age.

In 173-FZ, the concept of periods that are considered insurance, and therefore should be counted when calculating a pension, was adjusted. According to this law, not only the actually worked periods are taken into account, but also the time when:

• the citizen was doing compulsory military service;
• a woman was caring for a newborn;
• caring for a disabled person of the first group or an elderly person;
• a person was listed as unemployed and received benefits, etc.

The only condition for the implementation of this offset during the insurance period is the fact of the availability of official employment before 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-FZ came into force. It is based on a new approach to the formation of a pension benefit. The guide will now be in two parts:

1. Cumulative amounts.

The insurance part is the funds that the employer pays monthly to the budget for each of his employees. The rate of such deductions is 22%. The specified amount is automatically divided into two unequal parts:

1. 6% - this is the amount that can be deducted for immediate investments in various projects. That is, this money can work and be profitable, which can subsequently significantly increase the benefit paid.
2. 16% - immediately go to the insurance part.

At the request of the employee, all 22% can be immediately deducted to the insurance part, bypassing the stock market.

Accumulated amounts can be accumulated in state or non-state management companies . The choice remains solely with the citizen. If non-state companies are selected, then these funds are invested in stock markets, bringing profit to both companies and investors, that is, citizens who make these savings.

Is Law 173 currently being applied?

The law on the assignment of labor pensions No. 173-FZ was actually replaced by the law on insurance pension benefits No. 400-FZ. It happened in 2015. But the adoption of the new Law did not completely annul the effect of the previous Federal Law No. 173. In fact, these two documents are in force today. The last edition under No. 400 is considered fundamental. All points coinciding with the previous Federal Law are now interpreted only in the new edition. But those paragraphs in Federal Law 173, which were not affected by the changes, are still valid in the same edition. The norms that describe the procedure for calculating the amount of pension benefits remained unchanged.

It should be borne in mind that if any of the previously described norms were established in the new Law, then the one described in Federal Law 400 applies.

In fact, although No. 173-FZ has lost its effect, some of its points are still applied when.

It will be interesting for you

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, stipulating compulsory pension insurance on the territory of the Russian Federation.

Russian Federation

FEDERAL LAW of December 17, 2001 N 173-FZ (as amended on December 28, 2013 with amendments that came into force on January 1, 2015) "ON LABOR PENSIONS IN THE RUSSIAN FEDERATION"

This Federal Law in accordance with the Constitution of the Russian Federation and the Federal Law "On Compulsory Pension Insurance in the Russian Federation" establishes the grounds for the emergence and procedure for the implementation of the right of citizens of the Russian Federation to labor pensions.

1. Losses related to general average from loss or damage to cargo are determined in accordance with the value of the cargo at the time of its unloading, established on the basis of a 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 condition, 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 a 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, are not 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 lower than 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 registering it 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 among 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 required, 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 ships or one of them were at anchor at the moment of collision or were secured 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 for compensation for pollution damage is brought against him 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 into 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 ship owner cannot limit his liability. The creation of such a fund does not affect in this case the rights of the victims in relation to the owner of the 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 by 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