Vladimir Putin signed a law on a lump sum payment to pensioners. All about pensions Law on seniority pensions
1. What period of wages is taken into account when assigning or recalculating a pension?
In accordance with paragraph 2 of Article 30 of the Law of 17.12.2001, No. 173-FZ "On labor pensions in the Russian Federation", when determining the estimated size of the labor pension, the average monthly earnings of the insured person for 2000-2001 are taken into account according to the data of individual (personified) accounting, or for any 60 consecutive months (up to 2001 inclusive) on the basis of documents issued in accordance with the established procedure by the relevant employers or state (municipal) bodies.
Article 15 of the Federal Law of December 17, 2001, No. 173-FZ "On labor pensions in the Russian Federation" does not provide for the establishment of an increased base part of the labor pension in connection with the attainment of the age of 80 for persons who are recipients of a group 2 disability pension. Since the increased base part can only be established for an old-age pension, if you have at least 5 years of insurance experience, the pensioner should apply to the territorial Pension Fund Office at the place of residence to transfer from a disability pension to an old-age pension.
3. Does a woman who is a recipient of an old-age labor pension (age 63) have the right to transfer to a survivor's labor pension for a deceased spouse whose death occurred in 1990, who did not reach retirement age at that time and was not a pension recipient? At the same time, at the time of her husband's death, she was working, but her husband's earnings were the main source of the family's livelihood.
Clause 6 of Article 9 of the Law of 17.12.2001, No. 173-FZ "On Labor Pensions in the Russian Federation" provides for the right of family members of the deceased breadwinner, for whom his help was a constant and main source of livelihood, who themselves receive any kind of pension , switch to a retirement pension due to the loss of the breadwinner.
To exercise this right, it is necessary that a family member of the deceased breadwinner belongs to the circle of persons entitled to a retirement pension in the event of the loss of the breadwinner. An incapacitated family member of a deceased breadwinner is, in particular, a spouse of a deceased breadwinner, if he (she) has reached the age of 60 and 55 (men and women, respectively) or is a disabled person with limited ability to work.
Thus, the spouse of a deceased breadwinner who receives an old-age retirement pension can switch to a retirement pension in the event of the loss of the breadwinner, provided that the help of the deceased breadwinner was his permanent and main source of livelihood.
As documents confirming that the help of the deceased breadwinner was a constant and main source of livelihood, certificates of housing authorities or local governments about the location of the deceased's dependent family member, income certificates of all family members, other documents containing the required intelligence.
The pension provider evaluates the information contained in the submitted documents and concludes whether the deceased breadwinner's assistance was a permanent and main source of livelihood for the applied family member or not.
In the event that the body carrying out pensions is not able to conclude that the assistance of the deceased breadwinner for the applied member of the family of the deceased breadwinner was a permanent and main source of livelihood, this fact can be confirmed in court.
According to paragraph 3 of Art. 17 of the Federal Law No. 173-FZ of December 17, 2001 "On labor pensions in the Russian Federation" to a person who has carried out work and (or) other activities for at least 12 full months from the date of the appointment of the insurance part of the old-age labor pension or insurance part of the labor disability pension or from the day of the previous recalculation of the amount of the specified part of the corresponding labor pension, at his request, the amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension is recalculated. Under the implementation of work "not less than 12 full months" means a period of time from the date of appointment or previous recalculation lasting not less than 12 full months. Consequently, in the specified period, the duration of the periods of work can be less than 12 full months. At the same time, insurance contributions for compulsory pension insurance must be paid for these months.
It follows from the foregoing that the right to recalculate the insurance part of the labor pension arises only a year after the appointment of the pension or its recalculation, taking into account the insurance contributions paid to the Pension Fund of the Russian Federation.
5. Are working parents entitled to an increase in the basic part of an old-age or disability pension, taking into account their dependents?
In accordance with Art. 14 and Art. 15 of the Federal Law of 17.12.2001, No. 173-FZ "On Labor Pensions in the Russian Federation" from 01.01.2002, the right to increase the basic part of the labor pension for old age and disability, taking into account dependents, is provided, regardless of whether the parents work or no. In this case, an increased base part can be established for the pensions of both parents.
Until 01.01.2002, in accordance with Federal Law No. 340-1 of 20.11.1990 "On State Pensions in the Russian Federation", an allowance for dependents was added to the old-age and disability pension, and this allowance was established for the pension of one of non-working parents.
6. Since when is a social pension granted to a disabled child?
A social pension for a disabled child is assigned on the basis of the Federal Law of December 15, 2001, No. 166-FZ "On State Pension Provision". According to Art. 23 of the said Law, the pension is assigned from the 1st day of the month in which the citizen applied for it, but not earlier than from the day the right to it arises, regardless of the type of pension.
In connection with the entry into force of the Decree of the Constitutional Court of the Russian Federation of January 29, 2004 No. 2-P on the verification of the constitutionality of certain provisions of Article 30 of the Federal Law No. 173-FZ of December 17, 2001 "On labor pensions in the Russian Federation" carrying out pensions, when calculating the duration of the insurance period and (or) the length of service in the relevant types of work for the period before 01.01.2002, they can apply the rules and regulations that were in force before the introduction of the new legal regulation, regardless of whether the specified length of service has been developed in whole or in part.
The period of women on parental leave until October 6, 1992 was included in the special length of service, giving the right to a pension in connection with special working conditions, in accordance with paragraph 21 of the Clarification of the Ministry of Labor of the Russian Federation dated 05.22.1996 No. 5 "On the procedure the application of the Lists of industries, jobs, professions, positions and indicators giving, in accordance with Articles 12, 78, and 78.1 of the RSFR Law "On State Pensions in the RSFSR" the right to an old-age pension in connection with special working conditions and to a seniority pension " ...
Thus, within the framework of the Resolution of the Constitutional Court dated October 29, 2004 No. 2-P, Clarification dated May 22, 1996 No. 5 can be applied and the period of parental leave until October 6, 1992 can be included in the special (preferential) experience.
After 06.10.1992, the period of parental leave is not included in the special (preferential) length of service.
For citizens who worked both in the regions of the Far North and in localities equated to them, a labor pension is established: for men upon reaching the age of 55 and for women upon reaching the age of 50, if they have worked for at least 15 calendar years in the regions of the Far North or at least 20 calendar years in localities equated to them and have an insurance record, respectively, of at least 25 and 20 years.
Citizens who worked both in the regions of the Far North and in localities equated to them, a labor pension is established for 15 calendar years of work in the Far North. Moreover, each calendar year of work in areas equated to the regions of the Far North is considered nine months of work in the regions of the Far North.
Citizens who have worked in the Far North for at least 7 years and 6 months are assigned a retirement pension with a decrease in age by four months for each full calendar year of work in these areas.
9. What details must be contained in the documents issued in order to confirm the periods of work?
Decree of the Government of the Russian Federation of July 24, 2002, No. 555 "On approval of the Rules for calculating and confirming the insurance experience for the establishment of labor pensions" established that documents issued in order to confirm periods of work, periods of other activities and other periods must contain the number and date issue, last name, first name, patronymic of the insured person to whom the document is issued, the date, month and year of his birth, place of work, period of work, profession (position), grounds for their issuance (orders, personal accounts and other documents). Documents issued by employers to the insured person upon dismissal from work may be accepted in confirmation of the insurance experience and if they do not contain grounds for their issuance.
For insurers - individual entrepreneurs born in 1966 and older (and in 2002-2004 - men born in 1952 and older and women born in 1956 and older), the obligation to pay insurance contributions to the PFR budget in the form of a fixed payment in the part directed to financing the accumulative part of the labor pension, terminates from April 12, 2005 - the date of promulgation of the rulings of the Constitutional Court of the Russian Federation No. 164-O, No. 165-O, and for policyholders who are lawyers engaged in private practice, notaries born in 1966 and older (and in 2002-2004 years - men born in 1952 and older and women born in 1956 and older) - from October 11, 2005 - from the date of entry into force of the Decree of the Government of the Russian Federation dated September 26, 2006 No. 582. Until these dates, the obligation to pay insurance premiums in the form of the fixed payment for the funded part of the labor pension by the specified categories of policyholders has not been canceled.
The payment of insurance contributions ensures the formation of their pension rights, the acquisition of the right to receive a labor pension.
Federal Law No. 173-FZ of December 17, 2001 "On Labor Pensions in the Russian Federation" (hereinafter - Federal Law No. 173-FZ of December 17, 2001) provides that the establishment of the funded part of the labor pension for the insured person is carried out in the presence of funds accounted for in a special parts of his individual personal account. At the same time, the legislator connects the emergence of the insured person of the right to receive the funded part of the labor pension with the achievement of the generally established retirement age. Establishing differentiation in relation to the collection of insurance contributions to finance the funded part of the labor pension (depending on the age of the insured person) in systemic connection with Articles 22 and 33 of the Federal Law of December 15, 2001 No. 167-FZ "On compulsory pension insurance in the Russian Federation" (hereinafter - Federal Law of December 15, 2001 No. 167-FZ), the legislator proceeded from the need to ensure by the time the retirement age is reached and the appointment of a pension, the formation of sufficient pension savings to pay this part of the pension, which requires an appropriate time period. In addition, no federal law has been adopted that would determine the expected period of payments of the funded part of the labor pension for old age for calculating its size (clause 9 of article 14 of the Federal Law of December 17, 2001 No. 173-FZ).
Thus, the payment of insurance premiums in the form of a fixed payment directed to financing the funded part of the labor pension by insurers born in 1966 and older (and in 2002-2004 - by men born in 1952 and older and women born in 1956 and older) seems inappropriate.
12. Since, in accordance with Article 22 of Federal Law No. 167-FZ of 15.12.2001, policyholders making payments to individuals pay insurance premiums for the insurance part of the labor pension in the amount of 14% for persons born in 1966 and older, then in what amount should to pay insurance premiums in the form of a fixed payment for the insurance part of the labor pension, individual entrepreneurs born in 1966 and older: 100 or 150 rubles?
Policyholders born in 1966 and older (and in 2002-2004 - men born in 1952 and older and women born in 1956 and older) pay insurance premiums in the form of a fixed payment in order to acquire pension rights in the part directed to financing the insurance part of the labor pension. in the amount established by Article 28 of the Federal Law of December 15, 2001 No. 167-FZ, i.e. 100 rubles.
13. Is the exemption from paying a fixed payment in the minimum amount provided for in paragraph 3 of the Rules for the payment of insurance contributions for compulsory pension insurance in the form of a fixed payment in the minimum amount approved by the Government of the Russian Federation dated September 26, 2005 No. 582 (hereinafter referred to as the Rules) to the past periods?
Decree of the Government of the Russian Federation of September 26, 2005 No. 582 does not apply to previous periods in terms of payment of insurance premiums in the form of a fixed payment and the right of non-payment arises for the policyholders specified in paragraph 3 of the Rules from the moment of promulgation of the relevant rulings of the Constitutional Court of the Russian Federation:
individual entrepreneurs and lawyers who are recipients of pensions established in accordance with the Law of the Russian Federation "On pensions for persons who have served in the military, service in the internal affairs bodies, the State Fire Service, the bodies for the control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families - from May 24, 2005 - the date of promulgation of the ruling of the Constitutional Court of the Russian Federation No. 223 - O;
individual entrepreneurs who did not carry out entrepreneurial activities in connection with being on parental leave until they reach the age of one and a half years - from May 12, 2005 - the date of promulgation of the ruling of the Constitutional Court of the Russian Federation No. 182-О;
private detectives engaged in the private practice of notaries - from October 11, 2005 - the date of entry into force of the Decree of the Government of the Russian Federation of September 26, 2006 No. 582.
14. From what period of time are individual entrepreneurs exempt from paying insurance premiums in the form of a fixed payment in accordance with the Decision of the Constitutional Court of the Russian Federation of 12.05.2005 No. 182-O, No. 213-O: from the date of the child's birth, or from the day following the day the maternity leave ends?
Individual entrepreneurs who did not carry out entrepreneurial activities due to being on parental leave until they reach the age of one and a half years are exempted from paying a fixed payment:
in the event of the birth of a child after the promulgation of the rulings of the Constitutional Court of the Russian Federation of 12.05.2005 No. 182-O, No. 213-O - from the day following the day of the end of the maternity leave;
in the event of the birth of a child prior to the entry into force of the above definitions of the Constitutional Court of the Russian Federation - from 12.05.2005, i.e. the date of promulgation of the above definitions of the Constitutional Court of the Russian Federation.
In addition, individual entrepreneurs are exempt from paying insurance contributions for compulsory pension insurance for other periods listed in Article 11 of the Federal Law of December 17, 2001 No. 173-FZ "On Labor Pensions in the Russian Federation", in particular, for the period of receiving benefits under the state social insurance during the period of temporary disability.
15. Are the heads and members of peasant (farmer) farms and members of clan, family communities of small peoples of the North exempted from paying insurance contributions in the form of a fixed payment for compulsory pension insurance in accordance with the decisions of the rulings of the Constitutional Court of the Russian Federation dated 12.04.2005 No. 164-О , No. 165-O, dated 12.05.2005 No. 182-O, No. 183-O, No. 210-O, No. 211-O, No. 212-O, No. 213-O, dated 24.05.2005 No. 223-O and regulations Government of the Russian Federation dated September 26, 2005 No. 582?
The specified categories of insurers can be exempted from paying insurance premiums for compulsory pension insurance only after making the appropriate additions to the Rules for paying insurance premiums for compulsory pension insurance in the form of a fixed payment in the minimum amount, approved by Decree of the Government of the Russian Federation dated September 26, 2005 No. 582.
In accordance with the provisions of clause 1 of article 9 of the Federal Law of December 17, 2001 No. 173-FZ "On labor pensions in the Russian Federation", disabled family members of the deceased breadwinner who were dependent on his / her dependents have the right to a labor pension in the event of the loss of the breadwinner. According to subparagraph 1 of paragraph 2 of Article 9 of the said Federal Law, disabled family members of a deceased breadwinner are recognized, in particular, children, brothers, sisters and grandchildren of a deceased breadwinner studying full-time in educational institutions of all types and types, regardless of their organizational and legal form, in including in foreign educational institutions located outside the territory of the Russian Federation, if the referral to study was made in accordance with international treaties of the Russian Federation, with the exception of educational institutions of additional education, before they finish such training, but no longer than until they reach the age of 23 years ...
Thus, the current pension legislation provides for cases when a labor pension in the event of the loss of a breadwinner cannot be assigned to disabled family members of a deceased breadwinner who study in educational institutions on a full-time basis. The legislator refers to such cases: training in educational institutions of additional education, as well as in foreign educational institutions located outside the territory of the Russian Federation, without referral to training. The legislator does not provide for any other restrictions on the right to a labor pension due to the loss of a breadwinner in relation to these persons.
Considering the above, children, brothers, sisters and grandchildren of a deceased breadwinner, before reaching the age of 23, may exercise the right to a retirement pension in the event of the loss of a breadwinner if, after graduating from college or institute, they study at another college or institute on a full-time basis.
In accordance with the provisions of Article 30 of the Federal Law of December 17, 2001 No. 173-FZ (as amended by Federal Law No. 213-FZ of July 24, 2009), the estimated size of the labor pension when assessing the pension rights of insured persons is calculated based on the average monthly earnings of the insured person for 2000- 2001, according to the data of individual (personified) accounting in the compulsory pension insurance system or for any 60 months in a row on the basis of documents issued in accordance with the established procedure by the relevant employers or state (municipal) bodies.
At the same time, in accordance with paragraph 12 of this article, when assessing the pension rights of insured persons, the procedure for confirming, as well as increasing the earnings of the insured person, which was established for the appointment and recalculation of state pensions and was valid until 01.01.2002, is applied.
In accordance with Article 100 of the Law of the Russian Federation of 20.11.1990 No. 340-1 "On State Pensions in the Russian Federation", which was in force until 01.01.2002 (as amended by Federal Law No. 52-FZ of 17.03.1997), all types of payments (income) received in connection with the performance of work (official duties) provided for in Article 89 of this Law, for which insurance contributions were charged to the Pension Fund of the Russian Federation.
The types of payments for which insurance contributions to the Pension Fund of the Russian Federation were not accrued are determined by the Government of the Russian Federation.
Along with the specified payments, three types of payments not related to the performance of work, for which insurance premiums are not charged, are included in earnings for calculating pensions. These include: monetary allowance for servicemen and persons equated to them in pension provision, paid for the period of service (Article 90 of this Law); temporary disability allowance; scholarship paid for the period of study (Article 91 of the named Law).
In accordance with the List of payments for which insurance contributions are not charged to the Pension Fund of the Russian Federation, approved by Resolution of the Government of the Russian Federation No. 546 dated 07.05.1997, insurance contributions are not charged incl. on remuneration paid to citizens under civil contracts, excluding remuneration paid under civil law contracts, the subject of which is the performance of work or the provision of services, as well as excluding remuneration under copyright contracts.
Thus, insurance contributions to the Pension Fund of the Russian Federation are charged on the amount of royalties paid by employers - enterprises, institutions, organizations for the work performed by the author.
At the same time, for the first time, payment of insurance contributions for state social insurance by organizations from the amount of royalties in accordance with the Procedure for payment of insurance contributions by enterprises, organizations and citizens to the Pension Fund of the RSFSR, approved by the Resolution of the Supreme Council of the RSFSR No. 556-1 dated January 30, 1991, began to be made from 01.01. .1991.
Taking into account the above, when assessing the pension rights of the insured person as of 01.01.2002, the amount of the royalties can be taken into account as part of earnings, but not earlier than from 01.01.1991.
As for the amounts paid for the use of the created work of authorship, they do not bear the nature of remuneration and do not accrue insurance contributions to the Pension Fund of the Russian Federation, and, therefore, these amounts cannot be taken into account in the composition of earnings when assessing the pension rights of the insured persons as of 01.01.2002.
18. Citizen V. presented a certificate of wages for the period of work from September 1987 to August 1992. At the same time, the certificate indicates the amount of the bonus for the 3rd quarter of 1992, paid in December 1992 (i.e. after dismissal). Is the specified amount included in the calculation of average monthly earnings in order to assess pension rights as of 01.01.2002?
The procedure for assessing the pension rights of insured persons as of 01.01.2001 by converting (converting) them into the estimated pension capital is determined by Article 30 of the Federal Law of 17.12.2001 No. 173-FZ "On labor pensions in the Russian Federation".
In accordance with clauses 3 and 4 of Article 30 of the Federal Law of December 17, 2001 No. 173-FZ (as amended by Federal Law No. 213-FZ of July 24, 2009), the estimated size of the labor pension is determined on the basis of the average monthly earnings of the insured person for 2000-2001 for information (personified) accounting in the compulsory pension insurance system, or from the average monthly earnings for any 60 months in a row on the basis of documents issued in accordance with the established procedure by the relevant employers or state (municipal) bodies.
According to clause 12 of Article 30 of Federal Law No. 173-FZ of December 17, 2001, when assessing the pension rights of insured persons, the procedure for confirming the length of service is applied, including the length of service in the relevant types of work (and, if necessary, the earnings of the insured person), as well as the procedure for increasing the earnings of the insured person, which was established for the appointment and recalculation of state pensions and was valid until the date of entry into force of the specified Federal Law.
Based on the provisions of Articles 100 of the Law of the Russian Federation of November 20, 1990 No. 340-1 "On State Pensions in the Russian Federation", earnings for calculating a pension include all types of payments (income) received in connection with the performance of work (official duties), for which insurance contributions are accrued to the Pension Fund of the Russian Federation.
At the same time, Article 102 of the said Law defines the periods for which the average earnings of the insured person is determined when assigning a pension: the last 24 months of work (service, except for military service) before applying for a pension, or any 60 months of work (service) in a row during the entire labor activity before applying for a pension.
At the same time, in contrast to the earlier provisions of the pension legislation, the norms of Article 30 of Federal Law No. 173-FZ of 17.12.2001 provide for the possibility of calculating the average earnings of an insured person for 24 months only for a specific period of time, namely for 2000-2001. information of individual personified accounting.
Thus, when assessing pension rights, payments can be taken into account, including bonuses received during the period of work for which the average monthly earnings of a pensioner are calculated (for 60 consecutive months or for 2000-2001).
Considering the foregoing, the premium for the 3rd quarter, paid after dismissal (in December 1992), is not a payment received during the period of work for which the average monthly earnings of the insured person is determined (from September 1987 to August 1992) and, therefore, indicated the premium cannot be taken into account when assessing pension entitlements.
19. Can the provisions of paragraph 21 of Article 14 of the Federal Law of December 17, 2001 No. 173-FZ "On Labor Pensions in the Russian Federation", providing for a reduction in the expected period of payment of a labor pension, be applied to citizens who, prior to resettlement to the territory of the Russian Federation, were recipients old age pensions?
Article 14 of Federal Law No. 173-FZ of December 17, 2001 "On Labor Pensions in the Russian Federation" (as amended by Federal Law No. 213-FZ of July 24, 2009) establishes the procedure for determining the size of an old-age labor pension.
In accordance with clause 21 of this article, when the insurance part of the old-age labor pension is assigned for the first time at a later age than is provided for by clause 1 of Article 7 of the said Federal Law, the expected period of payment of the labor old-age pension (clause 1 of this article) is reduced by one year for each full year that has elapsed since the day the specified age is reached, but not earlier than from 01.01.2002 and not earlier than from the date of acquiring the right to assign the insurance part of the old-age labor pension. At the same time, the expected period of payment of the old-age labor pension used to calculate the amount of the insurance part of the said pension cannot be less than 14 years (168 months).
Thus, the provision of paragraph 21 of Article 14 of the aforementioned Federal Law, providing for a reduction in the expected period of payment of a labor pension, cannot be applied to citizens who, prior to resettlement to the territory of the Russian Federation, were recipients of an old-age pension.
The conditions for granting a social pension are determined by Article 11 of the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation”. In accordance with subparagraph 3 of paragraph 1 and paragraph 3 of this article, children under the age of 18, as well as older than this age, enrolled in full-time education in educational institutions of all types and types, regardless of their organizational and legal form, with the exception of educational institutions of additional education , until they graduate from such training, but no longer than until they reach the age of 23 years, who have lost one or both parents, and the children of a deceased single mother, a social pension is established in the event of the loss of a breadwinner.
Clause 2 of Article 22 of Federal Law No. 166-FZ of 15.12.2001 defines in which cases the amount of the state pension is recalculated, and in which - the transfer from one type of pension to another. According to this clause, the recalculation of the amount of the pension can be made in connection with a change in the group of disability, the cause of the disability, the number of disabled family members who are dependent on the pensioner, the category of the disabled family member of the deceased breadwinner, as well as in connection with the change in the conditions for assigning a social pension. In other cases, a transfer is made from one type of pension to another type of state pension provision.
In the event of the loss of a second parent by a child who is a recipient of a social pension due to the loss of a breadwinner for one parent, his category as a disabled family member of the deceased breadwinner changes, which is the basis for recalculating the amount of this pension. At the same time, the conditions for assigning a social pension will not change.
This means that in the event of the loss of the second parent, upon the relevant application of the pensioner, the amount of the social pension in the event of the loss of the breadwinner is recalculated in accordance with paragraph 2 of Article 22 of Federal Law No. 166-FZ of December 15, 2001 in connection with the change in the category of the disabled family member of the deceased breadwinner from provided for in paragraph 2 of Article 23 of the said Federal Law, i.e. from the 1st day of the month following the month in which the citizen applied for a recalculation of the amount of the pension.
Taking into account the above, a child who is a recipient of a social pension due to the loss of a breadwinner for a deceased father since 28.11.2008 and who applied for the said pension due to the loss of both parents on 15.05.2009 (the mother died in April 2009) should recalculate the amount of social survivor's pension from 01.06.2009.
According to paragraph 2 of Article 13 of the Civil Procedure Code of the Russian Federation, court decisions that have entered into legal force are binding on all state authorities, local governments, public associations, officials, citizens, organizations without exception and are subject to strict execution throughout the territory of the Russian Federation. ... This means that when a pensioner provides a court decision that has entered into legal force, its execution by the territorial body of the PFR is mandatory. In the situation described in the appeal, citizen S. applied to the territorial body of the Pension Fund of Russia to establish a lump sum payment in accordance with the Decree of the President of the Russian Federation dated February 24, 2010 No. 247 "On a lump sum payment to certain categories of citizens of the Russian Federation in connection war of 1941-1945 ", presenting the decision of the Gornomariyskiy District Court, which entered into force on March 1, 2011, in which the fact of the applicant's condition in de facto marital relations was proved and the operative part of the court's decision established" the fact of the state of citizen S., October 10, 1921 birth, in a de facto marital relationship with B., born on November 23, 1914, died on November 5, 1994, from 1941 until the moment of his death. "
Taking into account the foregoing, the territorial body of the PFR is obliged to accept for proceeding this court decision as a document confirming marriage relations, in order to formalize pensions and other social payments, in particular, to establish a lump sum payment in accordance with the Decree of the President of the Russian Federation of February 24 2010 № 247 "On a lump sum payment to certain categories of citizens of the Russian Federation in connection with the 65th anniversary of the Great Patriotic War of 1941-1945".
The issues of pension provision for these citizens are regulated by the Agreement on guarantees of the rights of citizens of the member states of the Commonwealth of Independent States in the field of pension provision of March 13, 1992.
In accordance with article 7 of the Agreement of March 13, 1992, upon relocation of a pensioner within the states parties to the Agreement, the payment of a pension at the previous place of residence is terminated if the pension of the same type is provided for by the legislation of the state at the new place of residence of the pensioner.
The timing of the appointment of pensions to citizens who moved to the Russian Federation from the states parties to the Agreement of March 13, 1992, are determined by the letter of the Ministry of Social Protection of the Population of the Russian Federation No. 1-369-18 dated January 31, 1994, which provides that when a citizen who received a pension in one of the states parties to the Agreement of March 13, 1992, the pension is assigned from the month following the month of termination of the payment of the pension at the former place of residence, but no more than 6 months before the month of registration at the place of residence in Russia in the prescribed manner, or recognition in accordance with the established procedure as a refugee or forced migrant.
It follows from this that in order to exercise the right to assign a pension, the specified category of citizens must meet the following conditions: the existence of the right to a pension of the same type, the presence in the passport or other identity document, information about registration at the place of residence and the availability of information about the termination of pension payments at the former place of residence.
As follows from the appeal, a citizen of the Russian Federation moved to the territory of the Russian Federation from the Republic of Kazakhstan and applied to the territorial body of the Pension Fund of Russia with an application for the appointment of an old-age retirement pension on 01.04.2010. On the territory of the Russian Federation has been registered at the place of residence since 30.03.2010. At the previous place of residence in the Republic of Kazakhstan, the pension was paid to her, taking into account the limitation of the period of validity of the residence permit until 03.10.2009.
On the basis of the foregoing, if there is a right to an old-age labor pension on the territory of the Russian Federation, the applicant is assigned a pension in accordance with paragraph 1 of the letter of the Ministry of Social Protection of Russia dated January 31, 1994 No. 1-369-18 from the month following the month of termination of the pension payment at the previous place residence, but not more than 6 months before the month of registration at the place of residence in the territory of Russia in the prescribed manner, taking into account the day of termination of the payment of pension in the territory of the Republic of Kazakhstan, i.e. from 04.10.2009.
With regard to persons who moved to the Russian Federation from the territory of Abkhazia before the date of its recognition by the Russian Federation as a sovereign and independent state (Decree of the President of the Russian Federation of August 26, 2008 No. 1260 "On the recognition of the Republic of Abkhazia), and who applied for the establishment of a pension before that date , the Agreement between the Government of the Russian Federation and the Government of Georgia on guarantees of citizens' rights in the field of pension provision of May 16, 1997 should be applied.
In accordance with Article 6 of the Agreement of May 16, 1997, in order to determine the right to a pension, including a pension on preferential terms and for length of service, the length of service (insurance) acquired in accordance with the legislation of the Russian Federation and Georgia (including before joining the force of this Agreement), as well as on the territory of the former USSR until December 31, 1991. In this case, the length of service is calculated according to the norms of the pension legislation of the Russian Federation.
As seen from the attached materials, citizen L. has the right to an old-age labor pension on the territory of the Russian Federation in accordance with the provisions of the Agreement between the Government of the Russian Federation and the Government of Georgia on guarantees of citizens' rights in the field of pension provision of May 16, 1997, which entered into force on June 28 2002, and Federal Law of December 17, 2001 No. 173-FZ "On labor pensions in the Russian Federation." When assigning a citizen L. this pension from November 6, 2007, the territorial body of the PFR did not count the period of his work from 07/07/1981 to 09/25/1992 in the total length of service for calculating the estimated size of the retirement pension due to the lack of information about the renaming of the organization in which specified period of employment.
As for the requirements for the registration of documents submitted by citizens who have moved to permanent residence in the territory of the Russian Federation from the states - the former republics of the USSR, then, as a general rule, documents on the length of service and earnings submitted for the appointment of a pension must be drawn up in accordance with the legislation of the Russian Federation. Federation.
In accordance with the provisions of clause 3.2 of the Instructions for filling out work books, approved by the decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69, if during the work of the employee the name of the organization changes, then this is done in a separate line in column 3 of the section "Information about work" of the work book record: “Organization such and such has been renamed from such and such to such and such”, and in column 4 the basis for renaming is entered - an order (order) or other decision of the employer, its date and number.
Documents issued on the territory of Georgia (Abkhazia) must be properly drawn up and issued by state bodies and local self-government bodies. At the same time, we believe it is possible to refer employers or state (municipal) bodies to the competent authorities of Abkhazia. In the event of liquidation of an employer or a state (municipal) body or termination of their activities for other reasons, these documents may be issued by a legal successor, a higher body or archival organizations that have the necessary information.
Considering that the territorial body of the PFR in accordance with the Rules for applying for a pension, assigning a pension and recalculating the amount of a pension, transferring from one pension to another in accordance with the federal laws "On labor pensions in the Russian Federation" and "On state pensions in the Russian Federation" , approved by the resolution of the Ministry of Labor of Russia and the Pension Fund of Russia dated February 27, 2002 No. 17 / 19pb, evaluates the submitted documents, including in terms of their proper execution, he has the right to additionally request the necessary documents from the applicant. If additional necessary documents are not submitted, the territorial body of the PFR, on the basis of clause 1 of Article 17 of Federal Law No. 173-FZ of December 17, 2001, has the right to decide on the establishment of a labor pension and calculate the amount of an old-age labor pension based on the relevant data available body, as of the day on which this body makes a decision on the establishment of a labor pension, and in accordance with the regulatory legal acts in force on that day.
Taking into account that the submitted work book was drawn up in violation of the requirements of the Instruction for filling out work books, the actions of the territorial body of the PFR to exclude from the calculation of the total length of service for calculating the estimated size of the retirement pension for old age the period of work of the applicant from 07.07.1981 to 25.09.1992 , do not contradict the relevant legislation.
In this regard, it is necessary to explain to the applicant about the submission of the necessary documents confirming the period of work of the applicant from 07.07.1981 to 25.09.1992, and, if necessary, provide assistance in their demand from the relevant competent authorities or local self-government bodies of the Republic of Abkhazia, employers.
Upon receipt of the necessary documents, on the basis of the corresponding application, the amount of the old-age labor pension for citizen L. should be recalculated, taking into account the period established by Article 20 of the Federal Law of December 17, 2001, from the 1st day of the month following the month in which the pensioner's application was accepted on recalculation of the size of the labor pension in the direction of increase, by making an appropriate decision.
In accordance with the letter of the Ministry of Social Protection of the Population of the Russian Federation dated January 31, 1994 No. 1-369-18 and the instruction of the Ministry of Social Protection of the Population of the Russian Federation No. 1-1-U dated January 18, 1996, documents drawn up in foreign languages are accepted when assigning a pension for subject to their translation into Russian, if the accuracy of the translation (the authenticity of the translator's signature) is certified by notaries in private practice, notaries working in public notary offices, as well as by consular offices of the Russian Federation.
In accordance with paragraph 30 of the List of documents required for the establishment of a labor pension and a state pension in accordance with the Federal Laws "On labor pensions in the Russian Federation" and "On state pensions in the Russian Federation", approved by a joint resolution of the Ministry of Labor and Social development of the Russian Federation and the Pension Fund of the Russian Federation of February 27, 2002 No. 16 / 19pa, recognition of a person, including a child under the age of 18, as a disabled person, as well as the period of disability, the date and reason for establishing disability are determined on the basis of an extract from the certificate of certification of a citizen , recognized as a disabled person, issued by a federal institution of medical and social expertise.
Thus, taking into account the above requirements for the execution of documents issued by the competent authorities of the states - the former republics of the USSR, the extracts available in the pension files of citizens confirming the recognition of persons as disabled, meeting the requirements of Russian regulatory legal acts on medical labor (medical and social) expertise and containing the necessary legally significant information for pension provision (full name; date of birth; date of establishment of disability; disability group; reason for disability; period for which disability was established; number and date of the document on the basis of which the extract was issued, etc. .), can be taken into production for the purpose of providing pension to citizens.
In the situation described in the appeal, a citizen who moved to Russia from the state - the former republic of the USSR (Ukraine) applied to the territorial body of the PFR for pension provision. At the same time, in confirmation of the fact that he was recognized as a disabled person, an "Extract from the inspection certificate in MSEC" issued by the competent authority of Ukraine was presented. The extract has been translated from Ukrainian into Russian, the fidelity of the translation (the authenticity of the translator's signature) is certified by a notary, the document contains the necessary legally significant information for retirement benefits and meets the requirements of Russian regulatory legal acts on medical labor (medical and social) expertise. In this regard, the extract available in the pension file may be accepted for production in order to provide the applicant with a pension.
25. Can the periods of his work from 09/07/1962 to 06/04/1964 and from 06/13/1964 to 06/17/1968, coinciding in time with the period of study at a higher educational institution (from 09/01/1962 to 06/17/1968), taken into account when determining the amount of seniority pension according to the norms of the Law of the Russian Federation of 02/12/1993 No. 4468-1?
In accordance with paragraph 6 of Article 3 of the Federal Law of December 15, 2001 No. 166-FZ "On State Pension Provision in the Russian Federation", military personnel (with the exception of citizens who served on conscription as soldiers, sailors, sergeants and foremen), subject to the conditions to assign them an old-age labor pension provided for by the Federal Law of December 17, 2001 No. 173-FZ "On Labor Pensions in the Russian Federation", they have the right to simultaneously receive a seniority pension or a disability pension provided for by the Law of the Russian Federation of February 12, 1993 No. 4468-1 "On pension provision for persons who served in the military, service in the internal affairs bodies, the State Fire Service, the bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families", and insurance part of the old-age labor pension (with the exception of the fixed base size of the insurance part of the labor pension) nsii on old age), established on the conditions and in the manner prescribed by the Federal Law of December 17, 2001 No. 173-FZ.
According to clause 1 of Article 12 of this Federal Law, when calculating the insurance experience required to acquire the right to the insurance part of an old-age labor pension by a specified category of citizens, it does not include periods of service that preceded the assignment of a disability pension, or periods of service, work and other activities, taken into account when determining the amount of seniority pension in accordance with the Law of the Russian Federation of 12.02.1993 No. 4468-I.
These periods are also not included in the total length of service when assessing the pension rights of servicemen as of 01.01.2002 (Clause 8 of Article 30 of Federal Law No. 173-FZ of 17.12.2001).
The periods of service preceding the appointment of a disability pension, or periods of service, work and other activities taken into account when determining the amount of seniority pension in accordance with the Law of the Russian Federation of 12.02.1993 No. 4468-1, are confirmed by a certificate developed in order to implement these laws ...
In this certificate, the authorized bodies indicate the periods of service that preceded the appointment of a disability pension, or periods of service, work and other activities, accounted for in the amount of seniority pension in accordance with the Law of 12.02.1993 No. 4468-1 (indicating the beginning and end of such periods - day, month, year).
At the same time, it should be noted that a period is understood as a period of time of a certain duration during which a person can carry out work and (or) other socially useful activities, taken into account for pension purposes.
In this regard, if several periods coincide in time (for example, work and study carried out simultaneously), only one of them can be taken into account.
Taking into account the foregoing, since in the case under consideration, according to certificate No. PG-224227 of 19.09.2008, when calculating the length of service pension for military pensioner V., the period "from 09/01/1962 to 06/17/1968" (5 years, nine months and 17 days) was taken into account, then the period from 09/07/1962 to 06/04/1964 and from 06/13/1964 to 06/17/1968 cannot be counted in the insurance (general labor) experience for establishing the insurance part of the old-age labor pension.
The basis for determining the amount of the insurance part of the labor pension is the estimated pension capital of the insured person, which is formed from the total amount of insurance contributions and other receipts to the Pension Fund of the Russian Federation for the insured person and pension rights in monetary terms acquired before 01.01.2002.
At the same time, in accordance with clause 1 of Article 29.1 of the Federal Law of December 17, 2001 No. 173-FZ "On labor pensions in the Russian Federation", when calculating the amount of the estimated pension capital of the insured person, taking into account which the size of the labor pension (the insurance part of the labor old-age pension) is calculated, the amount of insurance contributions and other receipts to the Pension Fund of the Russian Federation is taken into account, the insured person starting from 01.01.2002.
When determining the amount of the insurance part of the old-age labor pension and the disability labor pension (Articles 14-15 of the Federal Law of December 17, 2001 No. 173-FZ), the amount of the insured person's estimated pension capital accounted for as of the day from which the specified person is taken into account the insurance part of the old-age retirement pension or the disability retirement pension is assigned.
Clauses 3 and 5 of Article 17 of Federal Law No. 173-FZ of December 17, 2001 determine the procedure for recalculating the amount of the insurance part of the old-age retirement pension and the retirement pension for disability in connection with a person's work and (or) other activities within 12 full months from the date the appointment of the insurance part of the old-age labor pension or the disability labor pension, or from the day of the previous recalculation (adjustment) of the amount of the specified part of the old-age labor pension or the labor disability pension, and the procedure for adjusting (unclaimed recalculation) of the insurance part of the old-age labor pension and labor pension disability pensions from 1 August each year.
The indicated recalculation and adjustment is carried out according to the data of individual (personified) accounting in the compulsory pension insurance system on the basis of information on the amount of insurance premiums that were not taken into account when determining the amount of the calculated pension capital for calculating the amount of the insurance part of the old-age labor pension or the labor disability pension when assigning them, transferring from one type of labor pension to an old-age labor pension or a labor disability pension, recalculation and previous adjustment.
When recalculating the amount of the insurance part of the old-age labor pension (Clause 3 of Article 17 of Federal Law No. 173-FZ of December 17, 2001), as well as when making adjustments (unclassified recalculation) of the specified part of the old-age labor pension (Clause 5 of Article 17 of this Federal Law ) the amount of the estimated pension capital accounted for as of the day from which the recalculation is made, and, accordingly, as of July 1 of the year from which the adjustment is made, is taken into account.
At the same time, in accordance with the provisions of clause 1 of Article 17 of the Federal Law of December 17, 2001 No. 173-FZ, the size of the labor pension is determined on the basis of the relevant data at the disposal of the body carrying out pension provision, as of the day on which this body makes a decision on the establishment of a labor pension. pensions.
As a document confirming the information of individual (personified) accounting in the compulsory pension insurance system, an extract from the individual personal account of the insured person in the compulsory pension insurance system is accepted (clause 14 of the List of documents required to establish a labor pension and state pension provision in accordance with Federal Laws "On Labor Pensions in the Russian Federation" and "On State Pension Provision in the Russian Federation" approved by the decree of the Ministry of Labor of the Russian Federation and the Pension Fund of the Russian Federation No. 16 / 19pa dated 27.02.2002).
It should be noted that in accordance with the provisions of Article 1 of the Federal Law of 01.04.1996 No. 27-FZ "On individual (personified) accounting in the compulsory pension insurance system" (as amended by the Federal Law of 24.07.2009 No. 213-FZ) reporting periods, for which the insured submits to the territorial body of the Pension Fund of the Russian Federation information about insured persons in the system of individual (personified) accounting, in particular, information about insurance premiums for compulsory pension insurance, the first quarter, six months, nine months and a calendar year are recognized.
In accordance with article 8.1. of this Federal Law, the Pension Fund of the Russian Federation accepts and records information about insured persons in the system of individual (personified) accounting, as well as enters the specified information into the individual personal accounts of insured persons in the manner and terms that are determined by the federal executive body authorized by the Government of the Russian Federation.
In particular, the procedure for recording and using the specified individual information is enshrined in part VIII of the Instruction on the procedure for maintaining individual (personified) accounting of information about insured persons, approved by order of the Ministry of Health and Social Development of Russia dated December 14, 2009 No. 987n (as amended by order of the Ministry of Health and Social Development of Russia dated July 27, 2010 No. 550n ).
In this regard, after the information on insurance premiums is entered into the individual personal accounts of the insured persons, the said contributions and, accordingly, the estimated pension capital are considered "accounted for".
Considering the above, for calculating the amount of the insurance part of the old-age labor pension (labor disability pension) when it is assigned, recalculated or adjusted in accordance with paragraphs 3 and 5 of Article 17 of Federal Law No. 173-FZ of December 17, 2001, the amounts of insurance premiums are taken into account , which, as of the date of the decision on the appointment, the order to recalculate or adjust the specified part of the old-age labor pension (labor disability pension), are recorded in the individual personal account of the insured person and, accordingly, are reflected in the extract from the individual personal account received for the purpose appointment (recalculation or adjustment).
27. What is the procedure for calculating the insurance record and seniority on the relevant types of work, which gives the right to assign an old-age retirement pension to citizens of the Russian Federation who arrived from the states - republics of the former USSR that have not concluded agreements with the Russian Federation in the field of pension provision?
According to Article 2 of the Federal Law of December 17, 2001 No. 173-FZ "On Labor Pensions in the Russian Federation" (hereinafter - Federal Law No. 173-FZ of December 17, 2001), the insurance experience is understood as the total duration of work periods taken into account when determining the right to a labor pension and other activities during which insurance contributions were paid to the Pension Fund of the Russian Federation, as well as other periods included in the insurance period.
In accordance with paragraph 2 of Article 10 of the Federal Law of December 17, 2001 No. 173-FZ, periods of work and (or) other activities that were performed outside the territory of the Russian Federation are included in the insurance experience in cases stipulated by the legislation of the Russian Federation or international treaties of the Russian Federation , or in the case of payment of insurance contributions to the Pension Fund of the Russian Federation in accordance with Article 29 of the Federal Law of December 15, 2001 No. 167-FZ "On Compulsory Pension Insurance in the Russian Federation" (hereinafter - Federal Law of December 15, 2001 No. 167-FZ) ...
Thus, the periods of work after 01/01/1991 on the territory of the former republics of the USSR that are not parties to the Agreement on guarantees of the rights of citizens of the member states of the Commonwealth of Independent States in the field of pensions dated 03/13/1992 and other agreements in the field of pensions can be taken into account when calculating the length of service (length of service in the relevant types of work) required to acquire the right to an old-age retirement pension, including an early retirement pension, subject to payment of insurance contributions to the Pension Fund of the Russian Federation.
The issues of establishing compensation payments to non-working able-bodied persons caring for disabled people of group I, disabled children under the age of 18, as well as for the elderly who need constant outside care at the conclusion of a medical institution or who have reached the age of 80 are currently regulated by the Presidential Decree Of the Russian Federation of December 26, 2006 No. 1455 "On compensation payments to persons caring for disabled citizens" and Resolution of the Government of the Russian Federation of June 4, 2007 No. 343 "On the implementation of monthly compensation payments to non-working able-bodied persons caring for disabled citizens."
The right to a monthly compensation payment in accordance with the specified regulatory legal acts is granted to unemployed able-bodied persons caring for disabled citizens.
According to the provisions of the Labor Code of the Russian Federation, persons studying full-time in educational institutions are classified as able-bodied persons.
At the same time, in accordance with the provisions of Article 2 of the Law of the Russian Federation of 19.04.1991 No. 1032-1 "On employment of the population in the Russian Federation", citizens undergoing full-time training in educational institutions, institutions of primary vocational, secondary vocational and higher vocational education and other educational institutions are considered employed and for this reason these citizens are not registered with the employment service.
Often, these persons are denied the issuance of certificates of non-receipt of unemployment benefits, which are necessary for the appointment of compensation payments.
In this regard, during the period of full-time study in an educational institution, a person caring for a disabled citizen, instead of a certificate from an employment service, may submit a certificate from an educational institution indirectly confirming that he does not receive unemployment benefits.
At the same time, the certificate of the educational institution is valid until the date of graduation from the educational institution.
Since after that date a citizen, in accordance with the provisions of the Law of the Russian Federation of 19.04.1991 No. 1032-1, is not considered employed and can be registered with the employment service, the compensation payment can be continued on the basis of a relevant certificate from the employment service.
In accordance with the Procedure and conditions for issuing and issuing to citizens a certificate of participant in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant, approved by the order of the Ministry of the Russian Federation for civil defense, emergency situations and liquidation of the consequences of natural disasters, the Ministry of Health and Social Development of the Russian Federation and the Ministry of Finance of the Russian Federation from 08.12.2006 No. 727/831 / 165n, the issuance of a new type of certificate is provided for family members, including widows (widowers) of deceased participants in the liquidation of the consequences of the Chernobyl disaster, specified in part two of Article 15 of the Law of the Russian Federation dated 05.15.1991 No. 1244-1 " On social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant ", i.e. to family members of persons who took part in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant in 1986-1987.
Clause 4 of Article 10 of the Federal Law of December 15, 2001 No. 166-FZ "On State Pension Provision in the Russian Federation", which regulates the issues of assigning pensions in the event of the loss of the breadwinner to family members of a participant in the liquidation of the consequences of the Chernobyl nuclear power plant disaster, including spouses, does not establish dependence the right to the specified pension from the year of participation of the deceased breadwinner in the named work.
In this regard, when deciding on the appointment of a survivor pension, documents confirming the participation of deceased citizens in the work to eliminate the consequences of the Chernobyl disaster in the exclusion zone in 1988-1990 may be:
- certificate of the Russian model of the deceased participant in the liquidation of the consequences of the Chernobyl disaster, issued to him by the authorized bodies;
- primary or archival documents on participation in the performance of work in the exclusion zone in 1988-1990, including in the presence of a union-type certificate;
- a court decision on the establishment of the legal fact of the participation of the deceased breadwinner in the liquidation of the consequences of the Chernobyl disaster in the exclusion zone in 1988-1990.
Since in the situation under consideration A. does not have the appropriate certificates, the participation of her deceased spouse in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant can be confirmed in court.
30. In what order are documents submitted for assigning a pension in a foreign language considered?
In accordance with clause 3 of the letter of the Ministry of Social Protection of Russia dated January 31, 1994 No. 1-369-18 "On the pension provision of citizens who arrived in the Russian Federation from the states that were previously part of the USSR", registered with the Ministry of Justice of Russia on February 21, 1994 No. 497, documents, issued in foreign languages in the member states of the Agreement on guarantees of the rights of citizens of the member states of the Commonwealth of Independent States in the field of pension provision of 03/13/1992, are accepted for the appointment of a pension, provided that the accuracy of their translation is certified by notaries engaged in private practice, notaries working in state notary offices, as well as consular offices of the Russian Federation.
From the materials of the pension case of citizen M. it is seen that the retirement pension for old age was established for her taking into account her earnings according to the certificate of wages dated September 27, 2002 No. 17, issued on the territory of the Republic of Uzbekistan. The certificate is drawn up in accordance with the legislation of the Russian Federation and contains all the necessary details. At the same time, the translation of the stamp and seal was made by a representative of the National Airline of the Republic of Uzbekistan in Khabarovsk, the accuracy of the translation was certified by the leading consultant of the translation department of the Far Eastern Chamber of Commerce and Industry.
In accordance with the provisions of Article 81 "Fundamentals of the Legislation of the Russian Federation on Notaries" dated 11.02.1993 No. 4462-1, the notary certifies the correctness of the translation from one language into another, if the notary is fluent in the respective languages. If the notary does not know the respective languages, the translation can be made by a translator, the authenticity of the signature of which is attested by the notary.
In the situation under consideration, the translation of the stamp and round seal on the submitted certificate cannot be accepted for production, since the authenticity of the translator's signature has not been certified by a notary.
Taking into account the foregoing, the territorial body of the PFR should explain to citizen M. about the requirements for the translation into Russian of documents submitted for the appointment of a pension in a foreign language, in accordance with the legislation of the Russian Federation.
31. Rules for assigning social benefits and payments taken into account in the calculation.
The general rules for the appointment of social supplements to pensions are established by parts 4 and 5 of Art. 12.1 of Law N 178-FZ.
The federal social supplement to the pension is established for the pensioner by the territorial bodies of the Pension Fund of the Russian Federation, if the total amount of his material support does not reach the pensioner's subsistence minimum. The subsistence minimum is determined annually by the law of the constituent entity of the Russian Federation at the place of residence or at the place of stay of the pensioner (clause 4 of article 4 of the Federal Law of 24.10.1997 N 134-FZ "On the cost of living in the Russian Federation"; hereinafter - Law N 134-FZ). These additional payments are assigned in such an amount that the total amount of material security for a pensioner, taking into account the additional payment, reaches the subsistence minimum for a pensioner in the constituent entity of the Russian Federation, but does not exceed the subsistence minimum for a pensioner in the whole of the Russian Federation.
Two values are involved in calculating the amount of social supplement: the size of the subsistence minimum and the total amount of material support for a pensioner, which includes not only a pension, but also a number of other payments and income.
Therefore, a significant part of the provisions of Art. 12.1 regulates the procedure for calculating and documenting income included in the total amount of material security.
When calculating the total amount of material security for a pensioner, the amounts of the following cash payments are taken into account:
1) pensions, including the amount of the due insurance part of the old-age labor pension in the event of a pensioner's refusal to receive it in accordance with paragraph 4 of Article 17 No. 173-FZ;
2) additional material (social) security;
3) monthly cash payment (including the cost of a set of social services);
4) other measures of social support (assistance) established by the legislation of the constituent entities of the Russian Federation in monetary terms (with the exception of social support measures provided at a time).
Given in clauses 1 - 3 h. 2 of Art. 12.1 of Law N 178-FZ, the list of types of cash payments that should be taken into account when calculating the total amount of material security for pensioners is exhaustive and is not subject to broad interpretation.
The conditions for granting a pension in the event of the loss of a breadwinner to family members of citizens affected by radiation or man-made disasters, as well as the circle of dead breadwinners for whom the said pension is established, are provided for by Article 10 of the Federal Law of December 15, 2001 No. 166-FZ "On State Pension Provision in Russian Federation".
So, disabled family members of citizens who have received or have suffered radiation sickness and other diseases associated with radiation exposure due to the disaster at the Chernobyl nuclear power plant or work to eliminate the consequences of this catastrophe, citizens who became disabled as a result of the disaster at the Chernobyl nuclear power plant, and citizens who took part in the liquidation the consequences of the disaster at the Chernobyl nuclear power plant in the exclusion zone, a survivor pension is assigned.
In accordance with the provisions of paragraph 3 of Article 17 of the Law of December 15, 2001 No. 166-FZ, the survivor's pension for children who have lost both parents (children of a deceased single mother) is set at 250 percent of the social pension provided for in subparagraph 1 of paragraph 1 article 18 of the named Law.
At the same time, for the right to calculate the size of the survivor's pension in the specified amount, the provisions of Law No. 166-FZ of December 15, 2001 do not contain the condition that both parents must be citizens affected by the Chernobyl disaster.
In connection with the above, a child who has lost both parents, one of whom was a participant in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant, a survivor's pension under state pension provision may be set at 250 percent of the social pension provided for in subparagraph 1 of paragraph 1 of Article 18 of the Law dated 15.12.2001 No. 166-FZ.
The procedure for retirement benefits for persons who have arrived in Russia from the former republics of the USSR is governed by the Agreement on guarantees of the rights of citizens of the member states of the Commonwealth of Independent States in the field of pensions dated 03/13/1992 (hereinafter - the Agreement of 03/13/1992).
Clause 3 of Article 6 of the said Agreement stipulates that the calculation of pensions is made from earnings (income) for periods of work, which are included in the length of service.
Letter of the Ministry of Labor of Russia No. 1-369-18 dated 31.01.1994 explains that if the member states of the Agreement of 13.03.1992 have introduced their own currency, the amount of earnings (income) is determined by converting foreign currency into rubles at the current exchange rate established By the Central Bank of the Russian Federation on the day of applying for the appointment of a pension (regardless of the periods for which earnings are presented for calculating the pension).
When establishing a labor pension in accordance with the provisions of the Federal Law of December 17, 2001 No. 173-FZ "On Labor Pensions in the Russian Federation" (hereinafter - the Law of December 17, 2001), the pension rights of insured persons are assessed as of 01.01.2002 by converting them In accordance with paragraphs 3 and 4 of Article 30 of the Law of December 17, 2001, the estimated size of the labor pension when assessing the pension rights of insured persons who arrived from the states parties to the Agreement of March 13, 1992, can be calculated from the average monthly earnings for any 60 months work in a row. In this case, if the average monthly earnings are presented in foreign currency, the currency is converted into rubles at the current exchange rate established by the Central Bank of the Russian Federation as of 01.01.2002, regardless of the periods for which earnings are presented for calculating the pension. According to the table “Official rates of soft currencies of the Central Bank of the Russian Federation” published in the departmental supplement “Economic Union” to “Rossiyskaya Gazeta” dated 09.01.2002 No. 1, the rate of 100 Uzbek soums is 43 rubles 80 kopecks. At the same time, according to the table "The exchange rates of foreign currencies against the Russian ruble for accounting purposes and customs payments established by the Central Bank of the Russian Federation from 01.01.2002 for accounting purposes and customs payments" published in Rossiyskaya Gazeta dated 30.12.2001 No. 255, the rate of 1000 Uzbek soums is 43 ruble 80 kopecks. In connection with the discrepancy in the exchange rate of the Uzbek sum in the above official sources, the opinion of the Central Bank of the Russian Federation was requested. According to the letter of the Department of Operations in Financial Markets of the Central Bank of the Russian Federation, the official exchange rate of the Uzbek Som in relation to the ruble, established by the Bank of Russia as of 01.01.2002 , amounted to 43.8041 rubles per 1000 Uzbek soums. Considering the above, when establishing labor pensions for citizens who arrived from the Republic of Uzbekistan, it is necessary to apply the rate of Uzbek soums in relation to the Russian ruble 1000 soums = 43.8041 rubles. At the same time, the previously assigned pensions, taking into account the exchange rate of 100 Uzbek soums = 43 rubles 80 kopecks. not subject to revision.
34. About the appointment of an old-age pension to citizen P. who moved to the territory of the Russian Federation from Kazakhstan, where he was granted an “old-age” pension upon reaching the age of 55, as a victim of nuclear tests at the Semipalatinsk test site. On the territory of the Russian Federation, it was refused to issue a certificate as a victim as a result of nuclear tests at the Semipalatinsk test site.
Pension provision for citizens of the Russian Federation and the Republic of Kazakhstan when they are resettled from the territory of one state to the territory of another state is governed by the provisions of the Agreement on guarantees of the rights of citizens of the member states of the Commonwealth of Independent States in the field of pension provision dated 03.13.1992, in accordance with which the pension provision of citizens of states - Parties to the Agreement and members of their families is carried out according to the legislation of the state in whose territory they live.
In accordance with Article 7 of the Agreement of 03/13/1992, when a pensioner relocates within the states parties to the Agreement, the payment of a pension at the previous place of residence is terminated if the pension of the same type is provided for by the legislation of the state at the new place of residence of the pensioner.
The Agreement of March 13, 1992 is applied taking into account the letter of the Ministry of Social Protection of the Population of the Russian Federation dated January 31, 1994 No. the month of termination of the payment of pension at the previous place of residence, but no more than 6 months before the month of registration at the place of residence on the territory of Russia in the prescribed manner or recognition in the established manner as a refugee or forced migrant.
Federal Law No. 173-FZ of December 17, 2001 "On Labor Pensions in the Russian Federation" establishes the following types of labor pensions: old-age labor pension (old age), disability labor pension, survivor's labor pension.
It appears from the appeal that the citizen V.S. Pivovarov, who moved to the Russian Federation at the age of 69, received an “old age” pension on the territory of the Republic of Kazakhstan upon reaching the age of 55, which was paid until 31.10.2010. In the materials of the pension file received from the Republic of Kazakhstan, there is a copy of the certificate confirming the right to benefits to the victim as a result of nuclear tests at the Semipalatinsk test site, issued on the territory of the Republic of Kazakhstan. 02/15/2011 V.S. Pivovarov applied to the territorial body of the Pension Fund of Russia with an application for the appointment of an old-age retirement pension, presenting a passport of a citizen of the Russian Federation with a mark of registration at the place of residence from 10.02.2011. At the same time, on the territory of the Russian Federation, V.S. the authorized body refused to issue a certificate as a victim as a result of nuclear tests at the Semipalatinsk test site, i.e. his victim status has not been confirmed in accordance with Russian law.
Taking into account the foregoing and taking into account that the applicant, prior to resettlement to the place of residence in the Russian Federation, had reached the generally established age of 60 years and had the required insurance experience for the appointment of an old-age labor pension (5 years), we believe it is possible to consider him as a citizen entitled to a pension. of the same type, and in this regard, assign an old-age retirement pension in accordance with the provisions of the Agreement of 03/13/1992 from the terms established by the letter of the Ministry of Social Protection of Russia dated 01/31/1994 No. 1-369-18, that is, from 01.11.2010.
35. The pensioner received a pension, taking into account the increased basic part of the labor pension, for a dependent student of a higher education institution under a bachelor's program. In December 2009, the pensioner applies for the recalculation of the basic part of the pension in connection with the enrollment of the said dependent for 1 year of master's degree from September 1, 2009 of the same university. Is it possible to establish an increased basic part of the pension and from what period?
In accordance with subparagraph 1 of paragraph 2 of Article 9 of the Federal Law "On Labor Pensions in the Russian Federation" of December 17, 2001 No. 173-FZ, disabled family members of a deceased breadwinner are children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, and also children, brothers, sisters and grandchildren of the deceased breadwinner studying full-time in educational institutions of all types and types, regardless of their organizational and legal form, including in foreign educational institutions located outside the territory of the Russian Federation, if the referral to training is made in accordance with international treaties of the Russian Federation, with the exception of educational institutions of additional education, until they have completed such training, but no longer than until they reach the age of 23 years or children, brothers, sisters and grandchildren of the deceased breadwinner are older than this age, if they are before reaching age For 18 years they became disabled.
This rule applies to students both in general education institutions and in vocational education institutions.
Higher vocational training programs are implemented at universities, academies and institutes. According to Article 6 of the Federal Law "On Higher and Postgraduate Professional Education", the main educational programs of higher professional education can be implemented continuously and step by step.
The following levels of higher professional education have been established in the Russian Federation:
- higher professional education, confirmed by the assignment of a “bachelor” qualification (degree) to a person who has successfully passed the final attestation;
- higher professional education, confirmed by the assignment of the qualification "certified specialist" to a person who has successfully passed the final attestation;
- higher professional education, confirmed by the assignment of a master's qualification (degree) to a person who has successfully passed the final attestation.
Persons who have received state-recognized documents on higher professional education of a certain level have the right, in accordance with the received direction of training (specialty), to continue their studies in the educational program of higher professional education of the next level.
The legislator clarifies that getting education for the first time in educational programs of higher professional education at various levels is not considered as obtaining a second higher professional education. Consequently, the continuation of the student's education according to the program of the next stage also gives the right to establish an increased fixed base size of the labor pension.
As for the period from which the increased basic part of the labor pension should be restored, in this case the provisions of subparagraph 2 of paragraph 3 of Article 22 of the Law of 17.12.2001 No. 173-FZ should be applied, i.e. from 1.01.2010.
Russian citizens are interested in whether from September 1, 2017, there will be one-time payments to all those born from 1950 to 1991? There are rumors on the network that all citizens of the country who were born during this period are entitled to 25 or 30 thousand rubles.
However, experts say there is no such law. Accordingly, there will be no payments to everyone who was born in the USSR. There is no such normative act according to which these payments could be made.
Lump sum payments in 2017 were possible only in Ugra. There, the deputies adopted a law regarding nominal payments. But on July 29, it was decided to liquidate the Generations Fund, thanks to which the so-called lifting benefits were paid.
In a protracted economic crisis, the constant rise in prices for essential goods, other troubles people want to believe that the government understands the difficulties of the people and periodically adopts bills to improve the welfare of the population. Unfortunately, not everything that appears on the Internet or the media can be trusted.
The articles that told us about the unprecedented generosity of the government contain a link allegedly to the legislative act itself. But be careful! The link redirects you to the picture. And in parallel, a virus can boot if your gadget is not protected by a good antivirus, writes rsute.ru about it.
A virus loaded into your phone can start withdrawing money from your account. And the joy about the upcoming "payments" will be replaced by the chagrin of losing money and the realization that you have already stepped on this rake.
Russian President Vladimir Putin signed a law on a one-time payment of 5 thousand rubles to pensioners. The text of the bill is posted on the official portal of legal information.
The law, initiated by the government of the Russian Federation, provides for a one-time payment in January 2017 in the amount of 5 thousand rubles to persons permanently residing in the territory of the Russian Federation and who, as of December 31, 2016, are recipients of pensions paid by the Pension Fund of the Russian Federation.
A lump sum payment will be received by those who, as of December 31 of this year, managed to get a pension and received it at least once. In the course of consideration by the State Duma, the initiative was supplemented by an amendment providing for the payment of 5 thousand rubles to military pensioners. The law on a one-time payment of 5 thousand rubles will not affect Russian pensioners living in the territory of Transnistria, Belarus and other countries. In addition, when pensions are indexed again in 2017, this amount will not be taken into account.
It was established that the right to receive payments belongs to citizens permanently residing in the territory of Russia and who, as of December 31 of the current year, are recipients of insurance, military and other pensions, which are paid by the PFR. Pensioners will receive funds in January 2017, although they can be provided later.
It is stipulated that pensioners will receive payments from the bodies that carry out the appropriate pension provision, and on the basis of documents already contained in the payment or pension file. This means that you do not have to submit any claims for payment.
The lump sum payment will not affect the citizen's right to other payments and social support measures due to him. In addition, it will be impossible to deduct from it on the basis of executive documents, decisions of bodies carrying out pension provision, as well as decisions of courts on the collection of pensions and other social benefits due to abuses on the part of a pensioner, established in court.
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In our country, as in many others, it is customary to pay financial support to older unemployed citizens. This payment is called a "pension", and it is due to absolutely all persons who have reached retirement age. It would seem that everything is quite simple - a person has reached sixty years of age and has received the right to financial assistance, but the legislation takes into account a lot of complex nuances.
For example, how do you calculate your pension? After all, the payment of the same allowance to all people would be quite unfair - someone worked honestly all their lives, and someone was a parasite and did not work for a minute in all the years they lived. Therefore, the government is constantly improving and improving the pension system.
As many people know, not so long ago a pension reform took place - all the legislation in this area was revised and changed, and now not only pensioners themselves care about the amount of their material assistance, but also quite young people can prepare in advance for the onset of old age.
In today's article, we will tell you in detail about the new pension payment system, which came into force quite recently. You will learn:
- how the new pension is calculated;
- what factors affect its size;
- is there a guaranteed amount of payments;
- who will receive the pension;
- what is the cumulative part;
- whether working pensioners have the right to receive a monthly payment from the state and much more.
Major changes in pension legislation
First, let's take a quick look at the changes the government has made to the pension benefit bill. In this section, we will tell you about the new system for calculating the monthly retirement benefit.
First of all, it should be noted that the structure of the Pension Fund and all of its activities in general have changed dramatically. Now working citizens invest money in it on a monthly basis - the chief or accountant every month, along with the calculation of wages, deducts funds into the State Pension Fund. Thus, it is formed from a certain percentage of your salary. The more you earn now, the higher your pension will be in the future. Of course, it is the official salary that is taken into account - no "money in an envelope" and other "left" earnings will be taken into account when forming your pension in 2019.
It should also be noted that the law has greatly changed the structure of the monthly payment itself. Now it is calculated much more complicated, but much fairer. In 2019, the law provides for the division of payments into a funded and compulsory part - we will talk about them in more detail in the next section of our article.
Also, one should not forget that many pensioners prefer to spend their old age without being bored at home, but continuing to work - this is not prohibited by our law. Previously, pensioners were not eligible for a monthly payment from the state if they were officially employed. Now the law provides that even working elderly people are entitled to receive a pension. Moreover, it will increase with each month of work. Read more about this mechanism in the last section of the article.
Accumulative and compulsory part of the pension in 2019
The law stipulates that starting from this year, pension payments to citizens can be conditionally divided into a mandatory (basic) part and a funded one.
- Mandatory (basic) pension is paid to absolutely all citizens of the Russian Federation who have reached retirement age. It is paid to both the unemployed and the homeless - absolutely everyone. Nevertheless, its size is quite small and amounts to a living wage. Of course, theoretically it is possible to live on such a payment, but it is quite difficult - you cannot do without additional earnings.
- The funded part is the share that makes up the bulk of the pension payments of the majority of our citizens. Each person accumulates it throughout his life and all his work experience. Every month, a certain small percentage is counted from the wages, which is sent to the citizen's account in the Pension Fund of Russia. There these funds are stored until old age.
Russian President Vladimir V. Putin signed a decree on raising the retirement age for civil servants. The document itself, along with explanations, was published on May 23 on the official website for legal information. The decree will enter into force on January 1, 2017, and envisages a phased increase in the age limit to 63 years for women and 65 years for men.
Who will be raised the retirement age
The increase in the deadline for old-age retirement will affect citizens of the Russian Federation who hold public political positions (senators, deputies, and others), as well as persons working in municipal and regional power structures. Government officials are also subject to the new decree. For senior managers, the age of the maximum stay in service rises to 70 years, and all other officials will be able to work up to 65 years.
The new law outlines another significant point concerning the minimum length of service for civil servants. To achieve full length of service, officials will need to work at least 20 calendar years, previously the minimum period of work in the civil service was 15 years. Thus, until 2026, the minimum length of service and retirement age for civil servants will be raised completely. The annual addition will be 6 months to the retirement and minimum service deadline.
The state decided to carry out such a reform in connection with the reduction of expenses by the Pension Fund. According to analysts, the savings in the first year of the decree will be about 650 million rubles.
In order to receive a 55% supplement to the sum insured of the old-age pension for senators of the Federation Council and deputies of the State Duma, officials will have to fulfill their powers beyond the term for 5 years, and not one year, as was required earlier. Senators and deputies will be able to receive a 75% bonus when they have been in office for over 10 years (previously it was over three years).
How the adopted law will affect citizens who are not in the public service
Increasing the retirement age in Russia has been a long-debated issue. After the increase in the terms of retirement for officials, many of our fellow citizens are thinking that the government will soon increase this indicator for all categories of workers. But State Duma Speaker S. Naryshkin promised that in the coming years the age limit for retirement will not be raised for the rest of the population. Only the indexation of pensions for working pensioners has been suspended. A similar law came into force in 2016. Only those citizens who decide to quit their jobs will be able to receive a supplement to their old-age pension.
Despite the soothing comments from members of the government that laws raising the retirement age are not a priority for the state, experts believe that the first step in this direction has been taken. The increase in the retirement age for all categories of citizens is not over the horizon, and the Minister of Economic Development and the Minister of Labor only keep silent about an already clear fact.
As a reminder, according to the current legislation, the maximum retirement age for old age is:
- in men 60 years old;
- in women 55 years old.
Most of the people of pre-retirement age surveyed believe that the retirement period will be extended in the coming years. 80% of the citizens who took part in the survey do not doubt this fact.