Social Security Law Tests. Exam Questions in Social Security Law
"Social Security Law"
1. Social security law as a branch of law.
2. The subject of social security law.
3. The method of legal regulation of relations on social security.
4. as a branch of law, legislation, science and academic discipline.
5. Principles of social security law.
6. Sources of social security law.
7. The Constitution of the Russian Federation as a source of social security law.
8. Childbirth, types and organizational and legal forms of social security.
9. Childbirth (sub-branches) of social security law.
10. Types of social security in the Russian Federation.
11. State social insurance: concept, principles, general characteristics.
12. State off-budget social funds: legal status.
13. The concept of seniority, its types and significance for social security law.
14. Insurance experience: legal significance, calculation procedure.
15. Length of service: legal meaning, calculation procedure.
16. Disability: concept, legal significance.
17. Mandatory pension insurance in the Russian Federation.
18. The procedure for the formation and indexation of the estimated pension capital.
19. Labor pensions in the Russian Federation: concept, types, conditions of appointment.
20. Conditions for assigning an old-age labor pension.
21. Conditions for assigning a labor disability pension.
22. Early assignment of old-age labor pensions to certain categories of citizens.
23. The size of the basic part of the old-age labor pension.
24. Calculation of the insurance part of the old-age labor pension.
25. Calculation of the funded part of the old-age labor pension.
26. Calculation of the insurance part of the disability labor pension.
27. Calculation of the funded part of the labor disability pension.
28. Calculation of the insurance part of the labor pension in case of loss of the breadwinner.
29. Conditions for assigning labor pensions in the event of loss of the breadwinner.
30. The circle of family members of the deceased breadwinner who are entitled to a retirement pension.
31. The structure and size of old-age labor pension.
32. The structure and size of the labor disability pension.
33. The structure and size of the labor pension in the event of the loss of the breadwinner.
34. Conversion of pension rights of citizens.
35. The procedure for the appointment, recalculation of the size, payment and delivery of labor pensions.
36. Pensions for state pensions.
37. Types of state pensions and the circle of persons entitled to receive them.
38. The circle of persons entitled to receive two pensions.
39. Pensions for state pension provision by federal civil servants.
40. Pensions for military personnel and members of their families.
41. Pensions for servicemen for length of service: terms of appointment and size.
42. General characteristics of social support measures
43. Measures of social support for veterans and participants of the Great Patriotic War.
44. Benefit for temporary disability: concept, types, conditions of appointment, size.
45. Amounts of benefits for temporary disability.
46. \u200b\u200bBenefit for pregnancy and childbirth: conditions of appointment and size.
47. System of benefits assigned in connection with pregnancy and childbirth.
48. Benefits for families with children.
49. Unemployment benefit: conditions of appointment, size.
50. Compulsory social insurance against industrial accidents and occupational diseases.
51. Types of provision for compulsory social insurance against industrial accidents and occupational diseases.
52. Compulsory health insurance: concept, subjects, organization.
53. Basic principles of health protection of citizens and the rights of citizens in the field of health protection.
54. Social assistance: concept, types, circle of persons entitled to receive social assistance.
55. Principles of social assistance.
56. Social services: concept, types, principles.
57. The circle of persons subject to social services.
58. Types of social services.
1. The emergence and development of social security in Russia.
2. The concept of social security at the present stage and its main organizational and legal forms.
3. Correlation of the concepts "social protection", "social security", "social insurance".
4. Social risk: concept and types.
5. Compulsory social insurance as a form of social security.
6. Social security at the expense of budgetary funds as a form of social security.
7. Mixed form of social security.
8. Functions of social security.
9. General characteristics of the legal framework of social security.
10. Subject and method of social security law.
11. Legal relations for social security (concept, types, content).
12. Subjects and objects of legal relations for social security.
13. Legal facts in social security.
14. Application of legal norms as a way of realizing the rights and obligations of subjects of legal relations in social security.
15. Legal responsibility in social security.
16. The circle of persons provided at the expense of social insurance and budgetary allocations.
17. Concept and classification of sources of social security law. The Constitution of the Russian Federation as the main source of social security law.
18. The place of the norms of international law, international treaties and agreements of the Russian Federation in the system of sources of social security law.
19. Characteristics of agreements of the member states of the Commonwealth of Independent States in the field of pension provision.
20. General characteristics of the main federal laws governing social security relations.
21. General characteristics of federal laws regulating pension provision in the Russian Federation.
22. Description of the main federal laws regulating the provision of citizens with benefits and compensation payments.
23. Concept, legal meaning and types of work experience.
24. The concept of insurance experience and its legal significance.
25. Special (professional) experience: concept and legal significance in social security.
26. State civil service experience and seniority: concept and significance in social security.
27. Types of labor and other socially useful activities included in the insurance experience.
28. General rules for calculating labor (insurance) length of service and length of service. Confirmation and proof of work (insurance) experience.
29. Old age insurance pension, its structure and general conditions of appointment.
30. The circle of persons entitled to an insurance pension.
31. Early assignment of an insurance pension for old age to certain categories of citizens.
32. Preservation of the right to assign an insurance pension for old age to persons who worked in special working conditions, as well as in the regions of the Far North and areas equated to them.
33. The concept of disability pensions, their types and legal regulation.
34. The concept of disability, the procedure and conditions for recognizing citizens as disabled. The term for establishing disability.
35. Insurance pension in the event of the loss of the breadwinner, assigned on a general basis.
36. The concept of state pension provision, its types and the circle of persons entitled to its appointment.
37. Conditions for granting state pensions to participants in the Great Patriotic War and to citizens affected by radiation or man-made disasters.
38. General characteristics and conditions for the appointment of seniority pensions to servicemen and members of their families.
39. Pension provision for judges and prosecutors.
40. Conditions for granting disability pensions to military personnel who served on conscription and contract.
41. The circle of persons entitled to the simultaneous receipt of two pensions and the conditions for their appointment.
42. Consideration of controversial issues on pension provision. Responsibility for the accuracy of the information required for the appointment and payment of pensions.
43. The concept of social pension. The difference between social pensions and other types of pensions assigned under the current legislation.
44. Bodies carrying out pension provision.
45. The procedure for applying for the appointment of various types of pensions.
46. \u200b\u200bPayment of pensions to persons leaving for permanent residence outside the Russian Federation.
47. Concept, classification and purpose of social security benefits.
48. Benefit for temporary disability.
49. Unemployment benefits.
50. Legal regulation and general characteristics of state benefits to citizens with children. Types of these benefits.
51. Benefit for pregnancy and childbirth: concept, size, duration of payment.
52. Allowance for women registered in medical institutions in the early stages of pregnancy. Basis of appointment, size and procedure for payment.
53. Lump-sum benefit at the birth of a child and monthly benefit for the period of parental leave until the child reaches the age of 1.5 years.
54. Monthly allowance for spouses of military personnel undergoing military service under contract.
55. Lump sum and monthly monetary compensation in case of post-vaccination complications. Grounds for appointment, size and procedure for their payment.
56. Lump-sum allowance for medical workers who have contracted the human immunodeficiency virus in the performance of their duties.
57. Lump-sum benefits to refugees and internally displaced persons. Grounds for appointment, amount and procedure for payment.
58. Lump-sum allowance for citizens involved in the implementation of special assignments to combat terrorism.
59. The concept and types of insurance compensation for harm to employees in connection with an industrial accident and occupational disease.
60. Funeral allowance. The circle of persons entitled to receive it, the amount of the benefit, the procedure and timing of its payment.
61. The concept and types of compensation payments, their difference from benefits.
62. The concept and forms of state social assistance to low-income families and low-income single citizens.
63. Legal regulation and basic principles of public health protection.
64. Organization of compulsory health insurance. The rights of the insured and the procedure for providing insurance coverage.
65. The right to free medical care and treatment. Types of medical and social assistance and conditions for its provision.
66. Grounds and procedure for the provision of medicines and medical products for individual use to citizens.
67. Concept and basic principles of social services for citizens.
68. Types of social services and the procedure for their provision.
69. Rehabilitation of disabled people, prosthetic and orthopedic assistance and their social and domestic services.
70. Additional monthly material support for citizens of the Russian Federation for outstanding achievements and special merits.
Zhigalov A.A. (44 years old) and Zhigalova V.V. (33 years old) died in a road traffic accident in January 2011. After their death, they left a son (13 years old) and a daughter (11 years old). At present, the children live with their grandmother (mother Zhigalov A.A., 65 years old, receives a social pension for old age).
General work experience (clause 3 of article 30 No. 173-ФЗ dated 17.12.01) Zhigalova A.A. is 12 years, the insurance experience is 21 years. Zhigalova V.V. has no general work experience, her insurance experience is 9 years. Average earnings Zhigalova A.A. for 2000-2001 - RUB 10,000 per month, and from January 1, 2002 - 40,000 rubles. per month. The average earnings of V.V. Zhigalova from January 1, 2002 - 20,000 rubles. per month.
Average monthly wages in the Russian Federation for 2000-2001
amounted to 1495 rubles.
Which family member is entitled to a survivor's pension?
Determine the amount of your pension.
Zabotina is 60 years old. She never worked, was on
dependent on her husband, raised three children.
Does Zabotina have the right to a pension? If so, how much?
Mironov, a 24-year-old senior lieutenant of the Ministry of Internal Affairs, was seriously wounded during a counter-terrorist operation in the Chechen Republic and was recognized as a Group I invalid. Mironov has a child (2 years old) and an unemployed wife (23 years old).
Monetary allowance for calculating Mironov's pension is 17,000 rubles.
Determine eligibility and amount of the pension.
Russian Pension Fund for advice.
Does she have the right to maternity (family) capital?
From what moment does it acquire the right to dispose of capital?
What are the directions of using maternity (family) capital
Give a qualified explanation with reference to the necessary
Tasks in Social Security Law
Job type: test
CONTROL.docx
The family of a contract soldier who died in the performance of military duties applied for a pension on the occasion of the loss of the breadwinner. The family includes: the parents of the deceased - a father aged 53, a mother aged 49; a wife of 25 years old who does not work because she is busy raising two young children. The amount of the serviceman's monetary allowance was 5 thousand rubles.
To whom of these family members should a pension be assigned, on the basis of which regulatory act and in what amount?
In accordance with article 5 of the law of the Russian Federation of February 12, 1993 No. 4468-1 of the Russian Federation "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 "(as amended on 10.12.2010 N 354-FZ) provides for the payment of pensions - for length of service, disability due to loss of a breadwinner. This law applies to the persons specified in Article 1 of this law (according to the condition of the task, the category of persons who have completed military service under a contract and live in the territory of the Russian Federation will be suitable).
Regardless of whether the breadwinner is dependent, a pension shall be assigned to: disabled parents and spouses of persons who have died due to the reasons specified in paragraph "a" of Article 21 of this Law.
a) children under the age of 18;
b) father, mother, if they have reached the age: men - 60 years old, women - 55 years old;
c) a spouse, regardless of age and ability to work, if he (she) is caring for children under the age of 14 and does not work;
In accordance with Article 7 of Law No. 4468-1 of 12.02.1993, the right to choose a pension belongs to the parents of these persons who have died (perished) due to the reasons listed in paragraph "a" of Article 21 of this Law, i.e. wounds, contusions, mutilations or diseases received during the defense of the Motherland (except for cases when the death of these persons occurred as a result of their illegal actions). Parents are entitled to receive two pensions at the same time. They may receive a survivor's pension provided for in Article 30 of this Law on preferential terms, i.e. upon reaching the age of 55 and 50 years (respectively, men and women), regardless of whether they were dependent on the deceased (deceased). In this case, the pension is established for each of the parents in the amount provided for by this Law. And also any other pension is established in accordance with the legislation of the Russian Federation (with the exception of the survivor's pension or social pension due to the loss of the breadwinner). Those. this category of persons has the right to receive two pensions at the same time, one of which is assigned ahead of schedule.
Pension in case of loss of breadwinner in accordance with paragraph "a" of Art. 36 of the Law of 12.02.1993 No. 4468-1 is established in the following amounts:
40 percent of the corresponding sums of the breadwinner's allowance, i.e.
5,000 RUB * 40% \u003d 2000 p.
In accordance with the Decree of the President of the Russian Federation of September 1, 2010 No. 1091 "On Amendments to the Decree of the President of the Russian Federation of February 18, 2005 No. 176" On the establishment of a monthly supplement to pensions for certain categories of pensioners ", the additional payment is 1,000 rubles.
So the size of the pension will be 2000 rubles + 1000 rubles. \u003d 3000 p.
However, in accordance with Article 37 of the Law of 12.02.1993 No. 4468-1
the survivor's pension assigned under these conditions cannot be less than 200 percent of the estimated pension amount, which is established in the amount of the social pension provided for in subparagraph 1 of paragraph 1 of Article 18 of the Federal Law "On State Pension Provision in the Russian Federation", and are revised simultaneously with a change (indexation) of the size of the specified social pension (as amended on 21.06.2010 N 122-FZ, the amount of 2,562 rubles per month is indicated).
those. 2 562 * 200% \u003d 5124 p.
Consequently, the amount of the pension will be determined in accordance with Article 37 and will amount to 5,124 rubles per month.
According to the terms of the task, the family of the deceased includes: the parents of the deceased - the father at the age of 53, the mother at the age of 49; a wife of 25 years old who does not work because she is busy raising two young children. In accordance with the law of 12.02.1993 No. 4468-1
the survivor's pension will be assigned only to the wife and two children in the amount of \u003d 5124 rubles * 3 \u003d 15372 rubles. At the moment, the mother and father have not reached the age for granting them a survivor's pension; they will receive a pension upon reaching the respective age of 55 and 50 years (respectively, men and women).
Old-age pensioner Kotov, having been on unpaid leave for 14 calendar days since April 1, fell ill with the flu on the second day after the start of the vacation. In connection with the complication that arose, Kotov's illness lasted a month, the salary for his position is 6 thousand rubles.
Is Kotov eligible for temporary disability benefits, for what period and in what amount?
In accordance with paragraph 8 of Article 6 of the Federal Law of the Russian Federation of December 29, 2006 No. 255-FZ "On compulsory social insurance in case of temporary disability and in connection with maternity" (as amended on 08.12.2010 No. 343-FZ), temporary disability benefit paid to the insured person in all cases specified in parts 1 - 7 of this article (clause 1 - in case of disability due to illness or injury), for calendar days falling on the relevant period, with the exception of calendar days falling on the periods specified in part 1 article 9 of this Federal Law. Namely, paragraph 1 of Part 1 of Art. 9 - for the period when the employee is released from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation, except for cases of disability due to illness or injury during the period of annual paid leave.
In accordance with Section 7 of this Law, temporary disability benefit in case of loss of ability to work due to illness is paid in the following amount:
1) to an insured person with an insurance experience of 8 years or more - 100 percent of the average earnings;
2) to an insured person with an insurance record of 5 to 8 years - 80 percent of the average earnings;
3) to an insured person with an insurance experience of up to 5 years - 60 percent of the average earnings.
In accordance with Article 14, temporary disability benefits are calculated based on the average earnings of the insured person, calculated for two calendar years preceding the year of temporary disability, maternity leave, parental leave, including during work (service, other activities) with another policyholder (other policyholders).
The average daily earnings for calculating temporary disability benefits is determined by dividing the amount of accrued earnings for the period specified in part 1 of this article by 730.
The amount of the daily allowance for temporary incapacity for work is calculated by multiplying the average daily earnings of the insured person by the amount of the allowance established as a percentage of the average earnings.
The amount of the temporary disability benefit is determined by multiplying the amount of the daily allowance by the number of calendar days falling on the period of temporary disability.
Federal Law "On Labor Pensions in the Russian Federation" of December 17, 2001 N 173-FZ defines the types of pensions, one of which is the old-age labor pension.
Old age labor pension - this is a monthly cash payment assigned to citizens who have reached the age established by law and have the necessary work experience, in order to compensate them for wages or other income that they received during the period of employment 1.
In accordance with Article 7 of the Federal Law of December 17, 2001 N 173-FZ, the conditions for assigning an old-age labor pension are:
1. Men who have reached the age of 60 and women who have reached the age of 55 have the right to an old-age labor pension.
2. An old-age retirement pension is granted if you have at least five years of insurance experience
Analyzing the conditions of the problem and the studied normative material, one can come to the following conclusion.
Because Pensioner Kotov was on vacation without pay from April 1 to April 14, and from April 2 (the next day - according to the condition of the task) he fell ill (the disease lasted 1 month, i.e. until May 2), then the temporary disability benefit will be paid for the period from April 15 to May 2, that is, for 18 calendar days.
Average earnings of the insured person for two calendar years preceding the year of temporary disability \u003d 6,000 rubles. * 24 months \u003d 144,000 rubles.
Average daily earnings \u003d 144,000 / 730 \u003d 197.26 rubles.
Because the pensioner has been assigned an old-age labor pension, then in accordance with article 7 of the Federal Law of December 17, 2001 N 173-FZ, his insurance experience is at least 5 years. So temporary disability benefits must be paid in the amount of at least 80 percent of the average earnings, and if you have an insurance experience of 8 years or more, 100 percent of the average earnings.
The wife of the serviceman Borisov, living with her husband in an area where she could be employed by her profession (she is a teacher), does not work, since she is busy caring for her youngest son, aged 5, who suffers from an allergic disease. The eldest son of Borisova is 12 years old.
What types of social payments is Borisova entitled to and in what amount should they be assigned?
In accordance with paragraph 4 of Article 10 of the Federal Law of May 27, 1998 N 76-FZ (as amended on December 28, 2010) "On the status of military personnel" to the spouses of military personnel - citizens doing military service under a contract, in the total length of service required to establish a pension , the entire period of residence with spouses until 1992, regardless of the location of military units, is counted, since 1992 - in areas where they could not work in their specialty due to the lack of employment opportunities, and were recognized as unemployed in the prescribed manner, as well as the period when spouses of military personnel - citizens were forced not to work due to the state of health of the children associated with the living conditions at the place of military service of the spouses, if, according to the conclusion of the health care institution, their children needed outside care. During the indicated periods, the spouses of military servicemen - citizens, if they have lost the right to unemployment benefits, are paid a monthly benefit in the manner and amount determined by the Government of the Russian Federation.
In accordance with paragraph 3 of Article 3 of the Law of the Russian Federation of April 19, 1991 N 1032-1 (as amended on July 27, 2010) "On employment of the population in the Russian Federation", citizens who refuse within 10 days from the date of their registration with the authorities cannot be recognized as unemployed employment services in order to find a suitable job from two options for a suitable job, including temporary work, and those who are looking for a job for the first time (who have not worked before) and at the same time do not have a profession (specialty) - in the case of two refusals to receive vocational training or from the offered paid job , including work of a temporary nature.
In accordance with the regulation "On the procedure for the appointment and payment of monthly allowances to spouses of military personnel undergoing military service under a contract, during the period of their residence with their spouses in areas where they are forced not to work or cannot find a job in their specialty due to the lack of employment opportunities, as well as for the state of health of children "approved by the Government of the Russian Federation of February 27, 1999 N 231 (as amended on 02/01/2005), a monthly allowance is set for spouses of military personnel in the amount of 100 rubles.
Social Security Law Objectives - Study Material
List of used literature: 29
In January 2007, Fedorov applied for a pension, having worked in various positions in the federal public service for 20 years. The average monthly salary for the last position was 45 thousand rubles, and the amount of the estimated pension capital, determined by converting his pension rights, was 152 thousand rubles. Fedorov is 60 years old.
What types of pensions can be assigned to Fedorov and in what amount?
Fedorov will receive a pension on state pension provision for long service and an old-age labor pension.
The right to a pension under the civil liability insurance is
1) federal government officials;
3) participants of the Great Patriotic War;
4) citizens affected by radiation or man-made disasters;
5) disabled citizens.
Types of pensions for civil liability
- seniority pension - set 1 and 2;
- disability pension - 2,3 and 4;
Federal civil servants - citizens who have held positions of the federal civil service and government positions of federal civil servants defined by the Federal Law "On the Fundamentals of the Civil Service of the Russian Federation" (senior, chief, leading, etc.);
Conditions for assigning seniority pensions:
- having a civil service experience of at least 15 years upon dismissal on the following grounds:
1) - liquidation of public authorities, - staff reduction
2) upon termination of powers by persons whose activities the civil servant provided
3) reaching the age limit (60 years old, can be extended, but not more than 65),
4) inadequacy of the position to be replaced due to the state of health
5) dismissal of their own free will in connection with going to state pension.
Citizens dismissed on the grounds of clauses 2 - 5 are entitled to a pension if they filled positions for at least 12 full months immediately before dismissal.
The pension is established in addition to the old-age labor pension and is paid simultaneously with it.
The pension is not paid during the period of being in the civil service, which gives the right to this pension.
Pensions to employees of the constituent entities of the Russian Federation and municipalities - at the expense of the constituent entities and compulsory medical insurance and is regulated by the acts adopted by them.
- with a civil service experience of at least 15 years:
- in the amount of 45 percent of average monthly earnings
- minus the basic and insurance parts of the old-age labor pension (disability),
Topic 1. Work experience
Task 1. Kirsanov's work activity was as follows: 2 years of vocational school, 3 years of conscription service in the ranks of the Armed Forces, then 10 years of work at the plant as a turner, foreman, foreman, at that time he graduated from the special control system in absentia, then concluded an agreement on work in the regions The Far North, where he worked for 10 years. He was forced to move to the mainland for health reasons, where he did not immediately get a job, received unemployment benefits for 7 months, and then got a job in one office, where he worked on a pension.
Assignment: calculate the length of service: insurance, general, special. At what age can Kirsanov retire on an old age pension?
Objective 2. Kislitsyna's family life was not entirely successful: the second child, the long-awaited son, was recognized as a disabled person from childhood, and, despite all the efforts of doctors and mother, he lived only up to five years. All this time Kislitsyna did not work, because was busy looking after her son. Then she returned to her previous job, as a teacher in a school, where she managed to work for seven years before the birth of her son. For eleven years, Kislitsyna still worked at school, when her husband became a disabled person of group I as a result of an industrial accident. Again I had to leave work to look after my husband.
Assignment: Calculate the insurance, total, experience of Kislitsyna, indicate the age of retirement.
Task 3. Kiseleva filed a complaint, indicating that when she was assigned an old-age retirement pension, she was not counted in the seniority (in the insurance and general) period of residence with her husband as a serviceman in certain areas where she could not work in her specialty due to the lack of opportunity employment.
Question: Are the employees of the pension fund right? Does Kiseleva have the right to a pension?
Problem 4. Vereshchagin served in Murmansk for two and a half years. After completing military service, he worked for another 13 years in the Murmansk region. When trying to apply for a pension as an employee of the Far North, he was refused a pension fund due to the fact that he did not have 15 years of special experience. The refusal was appealed.
Question: What will be the answer?
Problem 5. Svistunova N.А. presented at the place of main work and part-time a sheet of temporary disability for the appointment of benefits for temporary disability.
Question: What is the insurance experience of N.A. Svistunova? necessary to determine the amount of the benefit, if it is known that for 4 years and 7 months she studied at a university, received unemployment benefits for 7 months, worked for 3 years and 5 months under an employment contract, did not work for 4 years, because looked after a child, then worked again under an employment contract for 3 years? Will she be given a part-time temporary disability benefit?
Topic 2. Old age pensions
Problem 1... Bychenkov V.O. worked in the Far North regions for 8 years, in areas equated to the Far North Regions - 15 years, in addition, he worked on the mainland according to St. No. 2 for two years.
Question: How long is Bychenkov's special experience? Indicate its subspecies. What is the duration of the mixed insurance experience? Is he entitled to an old-age pension? If so, at what age? Determine the amount of this pension.
Problem 2. Silaeva gave birth to six children, but one of them died at the age of 12, the other two were brought up until 10 years old in a boarding school, with respect to one child at the age of 5, Silaeva was deprived of parental rights.
Question: Is she eligible for an old-age pension from the age of 50? Under what conditions can women retire in old age? How to determine the amount of the pension if Silaeva issued it in November 2002? How will the size of this pension change in October 2012?
Problem 3. Immediately after school, Nosova worked for 3 years as a senior pioneer leader in secondary school, then studied at a pedagogical institute for 5 years, after graduation she worked as a director of a boarding school. In August 1999. she was assigned the II disability group, because she was ill for a long time due to the fact that she caught a cold, saving a drowning boy. She was able to return to school only in September 2003 and worked until February 2004, when she turned 55.
Question: Does Nosova have the right to an old-age pension? If so, under what conditions? How to determine its size?
Problem 4. The editorial office of the Vladivostok newspaper was approached by VP Skvortsov, who was interested in the question: "In what cases is an old-age pension issued to citizens recognized as unemployed in the prescribed manner?" Can it be assigned to a citizen who resigned of his own free will? Will it be paid if an unemployed person finds a job?
Task 5. Citizen Lyapisova A.Ya., lives in the Oryol region in a village contaminated with radiation after the Chernobyl accident. She turned 49 years old. Question: Can she be granted an old-age pension at this age? Determine its type and size.
Problem 6. The work experience of the citizen Skirda OA was as follows: 1.5 years of study at the university, which had to be terminated due to the birth of a child (disabled) who required special care. The child died at the age of 5. After that Skirda O.A. worked for 4 years 5 months at a music school, then left with her husband as a military man in a locality where she could not get a job. After 12 years, they moved to about. Sakhalin to Kholmsk, where she worked for 14 years at a school.
Assignment: calculate the insurance, special work experience of Skird; Has she acquired the right to a pension, and if so, what kind?
Problem 7. Citizen I., being a nanay, by nationality, upon reaching the age of 50, applied at her place of residence in the city of Vladivostok to the Pension Fund with an application for granting her a social old-age pension. The appointment of this type of pension was denied to her due to the fact that the city of Vladivostok does not belong to the regions of the Far North or to localities equivalent to them.
Assignment: Check the validity of the refusal. Where can you appeal the refusal to grant a pension?
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Pso problems with solution
Hello, I need help solving Social Security problems. Please help 1. Gr. Yarov (born 1974) was diagnosed with a disability of group 3, the reason being a military injury.
Yarov's military service is 10 years, has two children (3 years and 5 years). The amount of monetary allowance is 15,000 rubles.
Determine the right to a pension and its size.
2. Ryzhov (19 years old) died while doing military service by conscription. The cause of death is a disease acquired during military service. In the Ryzhov family, there remained: a working father - 57 years old, a mother - 56 years old (retired by old age), a wife - 19 years old, does not work, is busy caring for a one-year-old child.
Determine the eligibility of family members and the amount of the pension. For how long will the pension be assigned?
3. After the establishment of a disability of the 1st group (the 3rd degree of limitation of the ability to work), Slavin, 60 years old, applies for the appointment of a pension. The disability was caused by a military trauma. His entire experience consists of periods of military service - 25 years. Slavin is dependent on his son (17 years old) - a cadet at a military school. Slavin's allowance was 17,200 rubles.
Determine Slavin's right to pension and its size.
For how long will the pension be assigned?
4. Poltanov (61 years old) - a federal civilian civil servant was dismissed in connection with the liquidation of a state body. His length of service is 19 years.
Does he have the right to a civil liability pension if his old-age labor pension is 6,500 rubles? What are the conditions for granting a seniority pension to federal civil servants?
What is the size of the seniority pension Poltanov can count on with an average monthly earnings of 17,000 rubles? (salary 4380 rubles)?
Option: Poltanov is a civilian civil servant of the Udmurt Republic.
5. In March 2011 Volkov (23 years old) applied for a disability pension. On August 6, 2010, he was discharged from the army after completing his conscript service. in September 2010, at a friend's wedding, he became the instigator of a fight and received a severe spinal injury, and from November 18, 2010 Volkov was recognized as a disabled person of group 2.
Determine Volkov's eligibility for retirement benefits.
When will the pension be awarded? How much?
6. Egorov is a cadet at a military institute. Before enrolling in a military educational institution, he received a social pension in connection with the death of a breadwinner.
Does Egorov retain the right to a social pension in the event of the loss of a breadwinner until he reaches the age of 23?
7. After the death of a single mother - a disabled Chernobyl disaster (38 years old), her daughter (12 years old) remained. The orphan is taken care of by the grandmother (56 years old) - the mother of the deceased, receiving an old-age retirement pension in the amount of 6,000 rubles.
Determine the family's eligibility for retirement benefits and the amount of the pension.
From what moment and for how long will the pension be assigned?
Lawyers Answers (15)
Dear Elina, it seems to me that the solution of your tasks is much more expensive. And I advise you to try to decide for yourself, otherwise you may not achieve success in jurisprudence in the future.
Clarification of the client
Thank you, this is just a small part of what I need to solve and if I could solve them on my own, then I would definitely solve them!
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Article 22 of the Law of the Russian Federation of 12.02.1993 N 4468-1 "On the pension provision of persons who underwent military service, 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 "
A disability pension to persons specified in Article 1 of this Law is established in the following amounts:
a) disabled persons due to military injury of I and II groups - 85 percent, III group - 50 percent of the corresponding amounts of monetary allowance provided for in Article 43 of this Law;
b) disabled persons as a result of illness received during military service, groups I and II - 75 percent, group III - 40 percent of the corresponding amounts of monetary allowance provided for in Article 43 of this Law.
The question immediately arises - the monetary allowance is determined taking into account the requirements of Art. 43 or not?
If not, then the pension will be
15 000* 54%*50% = 4050
If 15,000 has already been determined in the order of Art. 43, then the pension will be 15,000 * 50% \u003d 7,500 rubles
The calculation of the disability pension will be carried out in the same way as in the first case, taking into account the requirements of Art. 24 of the Law
Persons specified in Article 1 of this Law, who are disabled of group I or who have reached the age of 80, as well as non-working disabled persons of groups I and II, who are dependent on disabled family members specified in paragraphs "a", "b" and "d "Part three of Article 29, Articles 31, 33 and 34 of this Law, to the disability pension assigned by him (including calculated in the minimum amount), allowances are calculated in the manner and amounts that are provided for, respectively, paragraphs" a "and" b "of the first part Article 17 of this Law.
Persons referred to in Article 1 of this Law who are disabled due to military trauma, when they reach 60 and 55 years (respectively, men and women) to the disability pension assigned to them (including the one calculated in the minimum amount), a supplement is calculated in the amount of 100 percent of the estimated amount of the pension specified in part one of Article 46 of this Law.
In accordance with Art. 9 ФЗ dated 28.12.2013 N 400-ФЗ "On insurance pensions"
1. Citizens from among the insured persons who are recognized as invalids of I, II or III groups have the right to an insurance pension for disability. The recognition of a citizen as a disabled person and the establishment of a disability group are carried out by federal institutions of medical and social expertise in the manner prescribed by the Federal Law of November 24, 1995 N 181-FZ "On social protection of disabled people in the Russian Federation."
2. The disability insurance pension is established regardless of the reason for the disability, the length of the insured person's insurance period, whether the disabled person continues to work and (or) other activities, as well as whether the disability occurred during the period of work, before starting work or after termination of work.
3. In the event that a disabled person has no insurance record, a social disability pension is established in accordance with Federal Law No. 166-FZ of December 15, 2001 “On State Pension Provision in the Russian Federation”.
Accordingly, the right to a pension arises from the moment the disability is established.
The size of the insurance pension for disability is determined by the formula
where SP - disability insurance pension;
PC - the sum of all annual individual pension coefficients (points) of a citizen;
С - the cost of one pension coefficient (the so-called pension point) as of the day from which the pension is assigned;
FV - fixed payment.
Elina, for solving your problems, there is very little initial data, which does not allow calculating the pension.
I cannot close the question, the client has not been given an answer.
not decided until the end is difficult to close
I disagree, I think that it is possible and necessary to close the issue. Mikhail Igorevich answered some of the questions in proportion to the amount of the proposed fee.
I agree, there are enough answers for such a fee!
i can't close the question
According to paragraph 3 of Art. 3 FZ of 15.12.2001 N 166-FZ "On state pension provision in the Russian Federation"
3. The right to receive two pensions at the same time is granted:
3) parents of military personnel who served in military service by conscription, who died (died) during military service or died as a result of a military injury after dismissal from military service (except for cases when the death of military personnel occurred as a result of their unlawful actions). They may receive a survivor's pension provided for in paragraph 4 (with the application of paragraph 5) of Article 15 of this Federal Law, and an old age (disability) insurance pension, or a pension in the event of the loss of a breadwinner, provided for in paragraph 4 (with the application of paragraph 5) of Article 15 of this Federal Law, and the social pension provided for in Article 18 of this Federal Law (with the exception of the social pension in the event of the loss of a breadwinner), or the pension in the event of the loss of a breadwinner, provided for in Clause 4 (with the application of Clause 5) of Article 15 of this Federal Law, and a pension for the length of service (for disability), provided for by the Law of the Russian Federation of February 12, 1993 N 4468-1 "On pension provision 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 penal system, and their her "(hereinafter referred to as the Law of the Russian Federation" On Pension Provisions for Persons Who Did Military Service, Service in Internal Affairs Bodies, State Fire Service, Bodies for Control over the Turnover of Narcotic Drugs and Psychotropic Substances, Institutions and Bodies of the Penitentiary System, and Their Families ");
4) widows of servicemen who died during the period of military service on conscription due to a military injury, who did not remarry. They may receive a survivor's pension provided for in paragraph 4 (with the application of paragraph 5) of Article 15 of this Federal Law, and an old age (disability) insurance pension, or a pension in the event of the loss of a breadwinner, provided for in paragraph 4 (with the application of paragraph 5) of Article 15 of this Federal Law, and the social pension provided for in Article 18 of this Federal Law (except for the social pension in the event of the loss of a breadwinner), or the pension in the event of the loss of a breadwinner, provided for in Clause 4 (with the application of Clause 5) of Article 15 of this Federal Law, and a pension for the length of service (for disability), provided for by the Law of the Russian Federation "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 ”;
According to paragraph 4 of Art. 15 of this law
4. Pension in the event of the loss of a breadwinner to family members of military personnel who served in the military as soldiers, sailors, sergeants and foremen, is established depending on the cause of death of the breadwinner in the following amount:
1) pension in case of loss of a breadwinner due to military injury for each disabled family member of a deceased (deceased) serviceman - 200 percent of the social pension specified in subparagraph 1 of paragraph 1 of Article 18 of this Federal Law.
The loss of a breadwinner as a result of a military injury is his death, which occurred due to the reasons specified in subparagraph 1 of paragraph 2 of this article;
According to Art. 29 of the Law of the Russian Federation of 12.02.1993 N 4468-1 "On the pension provision of persons who underwent military service, 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 penal system, and their families "
The family members of deceased (deceased) persons specified in Article 1 of this Law, who were dependent on them, have the right to receive a pension in the event of the loss of a breadwinner.
Regardless of being dependent on the breadwinner, the pension is assigned: disabled children ; disabled parents and spouse, if after the death of the breadwinner they have lost their source of livelihood; disabled parents and spouses of persons who died due to the reasons specified in paragraph "a" of Article 21 of this Law; a spouse, one of the parents or another family member specified in paragraph "c" of this article.
Disabled family members are:
b) father, mother and spouse, if they have reached the age: men - 60 years old, women - 55 years old, or are disabled;
in) spouse or one of the parents or grandfather, grandmother, brother or sister, regardless of age and ability to work, if he (she) is engaged in caring for the children, brothers, sisters or grandchildren of the deceased breadwinner under the age of 14 and does not work;
Thus, a mother, spouse and child can exercise the right to receive a pension.
The survivor's pension is established in the following amounts:
a) families of persons specified in Article 1 of this Law who died due to the reasons listed in paragraph "a" of Article 21 of this Law - 50 percent of the corresponding amounts of the breadwinner's allowance provided for in Article 43 of this Law for each disabled family member. According to the same rate, a pension is established, regardless of the cause of death of the breadwinner, for the families of deceased pensioners who were disabled on the day of death due to military trauma, for children who have lost both parents, and for children of a deceased single mother;
Thus, in order to calculate the pension, it is necessary to clarify the amount of the serviceman's monetary allowance. At the same time, the amount of the pension cannot be less than that named in Art. 15 FZ of 12/15/2001 or in Art. 37 of the RF Law of 12.02.1993 N 4468-1
The survivor's pension assigned to the families of the persons referred to in Article 1 of this Law and to the families of deceased pensioners from among these persons cannot be lower:
a) when calculating a pension in accordance with paragraph "a" of Article 36 of this Law - 200 percent of the estimated size of the pension specified in part one of Article 46 of this Law for each family member who has the right to receive it;
Good day. Yegorov does not retain this pension.
According to Article 25 of the Federal Law "On Insurance Pensions"
1. Termination of payment of the insurance pension is made in the event of:
3) the pensioner loses the right to the insurance pension assigned to him (the discovery of circumstances or documents refuting the accuracy of the information provided in confirmation of the right to the said pension, the expiration of the period for recognizing the person as disabled, the acquisition of working capacity by a person receiving a survivor's pension , admission to work (resumption of other activities subject to inclusion in the insurance experience) of persons provided for in paragraph 2 of Part 2 of Article 10 of this Federal Law, and in other cases provided for by the legislation of the Russian Federation) - from the 1st day of the month following the month, in which the specified circumstances or documents were discovered, or the term of disability expired, or the person concerned became able to work;
Egorov's enrollment as a cadet at a military institute presupposes that he will receive a monetary allowance, which means that he is recognized as able-bodied.
The corresponding norm of Art. 10 named law
2. Disabled members of the family of a deceased breadwinner are:
1) children, brothers, sisters and grandchildren of the deceased breadwinner under the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner enrolled in full-time education in basic educational programs in organizations carrying out educational activities, including foreign organizations located outside the territory of the Russian Federation, if the referral to training was made in accordance with international treaties of the Russian Federation, before they finish such training, but no longer than until they reach the age of 23 or and children, brothers, sisters and grandchildren of the deceased breadwinner older than this age, if they become disabled before reaching the age of 18. In this case, the brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents;
Not applicable here. As follows from this legal norm, it applies to citizens with the status of students.
Corresponding judicial practice has developed in support of this conclusion.
Determination of the Supreme Court of the Russian Federation of November 14, 2008 N 53-B08-10
So, according to Art. 14 ФЗ dated 15.12.2001 N 166-ФЗ "On state pension provision in the Russian Federation"
The federal state civil servant is assigned a seniority pension if you have at least 15 years of civil service experience in the amount of 45 percent of the average monthly salary of a federal public civil servant minus the insurance pension for old age (disability), a fixed payment to an insurance pension and increases in a fixed payment to an insurance pension, established in accordance with the Federal Law "On Insurance Pensions". For each full year of civil service service in excess of 15 years, the seniority pension is increased by 3 percent of the average monthly earnings. At the same time, the total amount of the seniority pension and insurance old-age (disability) pension, a fixed payment to the insurance pension and increases in the fixed payment to the insurance pension cannot exceed 75 percent of the average monthly earnings of a federal public civil servant, determined in accordance with Article 21 of this Federal Law. ...
Thus, Poltanov has the right to receive a seniority pension, since the duration of civil service in his case was 19 years.
The size of the seniority pension for federal state civil servants is calculated from their average monthly earnings for the last 12 full months of the federal state civil service preceding the day of its termination or the day they reach the age that gives them the right to an insurance pension provided for by the Federal Law "On Insurance Pensions" (which gave the right to a labor pension in accordance with the Federal Law of December 17, 2001 N 173-FZ "On labor pensions in the Russian Federation").
The size of the average monthly earnings, on the basis of which the seniority pension is calculated for the federal state civil servant, with the exception of cases of calculating the size of the average monthly earnings in accordance with paragraph two of this clause, cannot exceed 2.8 official salaries (0.8 monetary remuneration) established by the federal to a civil servant in the relevant period or saved in the corresponding period in accordance with the legislation of the Russian Federation.
The procedure for determining the average monthly earnings, from which the size of the pension of federal state civil servants is calculated, is established by the Decree of the Government of the Russian Federation of 10/17/2009 N 818 "On approval of the Rules for determining the average monthly earnings from which the size of the seniority pension for federal civil servants is calculated"
If we take in ideal values \u200b\u200bthe size of the average monthly earnings for calculating the pension, the one indicated in the condition of the problem, then the size of Poltanov's pension will be
17,000 * 57% - 6,500 \u003d 3,190 rubles.
There is no specific answer to the question and it cannot be closed. The copied pension provision by a colleague Petrov cannot be considered an answer.
I would like to ask how it is possible to calculate the amount of a pension without knowing the data on the size of the salary, pay, length of service, etc. initial information affecting its size. In those cases where, according to the conditions of the problem, at least some figures were given and an approximate calculation was made (it can be called conditional). The calculation was made on the basis of the current norms of the pension legislation, which predetermines the right of the person specified in the conditions of the problem to receive a pension.
Sorry, but I do not have the gift of a visionary yet, and it is practically impossible to simulate a situation by tasks, bringing it closer to reality.
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