In our country, as in many others, it is customary to pay financial support to elderly 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 the age of sixty and has received the right to financial assistance, but the legislation takes into account a lot of complex nuances.
For example, how to calculate the amount of a pension? After all, the payment of the same allowance to all people will be rather unfair - someone honestly worked all his life, and someone was a parasite and did not work for a minute in all his years. Therefore, the government is constantly improving and improving the pension system.
As many people know, a pension reform took place not so long ago - all 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 is the new pension calculated?
- what factors influence its size;
- whether there is a guaranteed amount of payments;
- who will receive the pension;
- what is the cumulative part;
- whether working pensioners are entitled to receive a monthly payment from the state and much more.
Main changes in pension legislation
First, let's take a quick look at the changes the government has made to the pension bill. In this section, we will tell you about the new system for calculating the monthly allowance for pensioners.
First of all, it is worth noting that the structure of the Pension Fund and all its activities in general have changed a lot. Now working citizens invest money in it every month - the head or accountant every month, together with the calculation of wages, deducts funds to the State Pension Fund. Thus, it is formed from certain percentages 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 not 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 mandatory part - we will talk about them in more detail in the next section of our article.
Also, we should not forget that many pensioners prefer to spend their old age not being bored at home, but continuing to work - our law does not prohibit this. Previously, pensioners were not entitled to receive a monthly payment from the state if they were officially employed. Now the law provides that even working older people have the right to receive a pension. Moreover, with each month of work it will increase. Read more about this mechanism in the last section of the article.
Funded and mandatory part of the pension in 2019
The law provides that starting this year, pension payments to citizens can be conditionally divided into a mandatory (basic) part and a funded part.
- 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, it is theoretically 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 deducted from 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 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 come into force on January 1, 2017, and provides for a gradual increase in the age limit to 63 years for women and 65 years for men.
Who will increase the retirement age
The increase in the deadline for retirement will affect citizens of the Russian Federation who hold state political positions (senators, deputies, and others), as well as persons working in municipal and regional power structures. State employees are also subject to the new decree. For senior managers, the age limit for being in the service is being raised - up to 70 years, and all other officials will be able to work up to 65 years.
The new law outlines another significant point regarding the minimum length of service for civil servants. To achieve full length of service, officials will need to work for at least 20 calendar years, previously the minimum period of work in the civil service was 15 years. Thus, until 2026, the bar for the minimum work experience and retirement age for civil servants will be finally raised. The annual addition will be 6 months towards the retirement deadline and minimum service.
The state decided to carry out such a reform in connection with a decrease in expenditures 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% addition to the sum insured old-age pension for senators of the Federation Council and deputies of the State Duma, officials will have to exercise their powers beyond the term for 5 years, and not one year, as previously required. And senators and deputies will be able to receive a 75% bonus if they serve for more than 10 years (previously it was more than three years).
How will the adopted law affect citizens who are not in public service?
Increasing the retirement age in Russia has long been discussed. After raising the terms of retirement for officials, many of our fellow citizens are thinking that the government will soon increase this figure for all categories of workers. But State Duma Speaker S. Naryshkin promised that in the coming years for the rest of the population, the age limit for retirement would not be raised. 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 of government members 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. An increase in the retirement age for all categories of citizens is not beyond the horizon, and the Minister of Economic Development and the Minister of Labor only hush up an already clear fact.
Recall that under the current legislation, the age limit for retirement for old age is:
- in men 60 years old;
- in women aged 55.
Most of the people of pre-retirement age surveyed believe that in the coming years, the retirement period will be extended. 80% of the citizens who took part in the survey have no doubts about this fact.
1. What period of salary is taken into account when assigning or recalculating a pension?
In accordance with paragraph 2 of Article 30 of the Law of December 17, 2001, No. 173-FZ "On labor pensions in the Russian Federation", when determining the estimated amount of labor pension, the average monthly earnings of the insured person for 2000-2001 are taken into account according to individual (personalized) accounting or for any 60 consecutive months (until 2001 inclusive) on the basis of documents issued in the prescribed manner 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 basic part of the labor pension in connection with the age of 80 for persons who are recipients of a group 2 disability pension. Since an increased basic part can only be established for an old-age pension, if there is at least 5 years of insurance experience, a pensioner should apply to the territorial Office of the Pension Fund at the place of residence for a 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 labor pension in the event of the loss of a breadwinner for her deceased spouse, whose death occurred in 1990, who at that time did not reach retirement age and was not a recipient of a pension? At the same time, at the time of death, the spouse worked, but the spouse's earnings were the main source of the family's livelihood.
Clause 6 of Article 9 of the Law of December 17, 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 assistance was a permanent and main source of livelihood, who themselves receive some kind of pension , switch to a labor pension in case of loss of a breadwinner.
To exercise this right, it is necessary that a family member of the deceased breadwinner belong to the circle of persons entitled to a labor pension in the event of the loss of a breadwinner. In particular, the spouse of the deceased breadwinner is recognized as a disabled family member of the deceased breadwinner, if he (she) has reached the age of 60 and 55 years (men and women, respectively) or is a disabled person with limited ability to work.
Thus, the spouse of the deceased breadwinner, who receives an old-age labor pension, can switch to a labor pension in the event of the loss of a breadwinner, provided that the assistance of the deceased breadwinner was for him a permanent and main source of livelihood.
As documents confirming that the help of the deceased breadwinner was a permanent and main source of livelihood, certificates of housing authorities or local government authorities on the fact that the applied family member is dependent on the deceased, income certificates of all family members, other documents containing the required intelligence.
The body providing pensions evaluates the information contained in the submitted documents and concludes whether the assistance of the deceased breadwinner for the applied family member was a permanent and main source of livelihood or not.
If the body providing pensions is unable to conclude that the assistance of the deceased breadwinner was a permanent and main source of livelihood for the deceased breadwinner's family member who applied, this fact can be confirmed in court.
According to paragraph 3 of Art. 17 of Federal Law No. 173-FZ of December 17, 2001 "On labor pensions in the Russian Federation" to a person who has been working and (or) other activities for at least 12 full months from the date of assignment of the insurance part of the old-age labor pension or insurance part of the labor disability pension or from the date of the previous recalculation of the size of the specified part of the corresponding labor pension, upon his application, 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 of at least 12 full months. Therefore, in the specified period, the duration of periods of work may be less than 12 full months. At the same time, insurance premiums for compulsory pension insurance must be paid for these months.
From the foregoing, it follows 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 insurance premiums paid to the Pension Fund of the Russian Federation.
5. Are working parents entitled to an increase in the basic part of the old-age or disability labor pension, taking into account dependents?
In accordance with Article 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 provides for the right to increase the basic part of the labor pension for old age and disability, taking into account dependents, regardless of whether parents work or no. In this case, an increased basic part can be established for the pensions of both parents.
Until 01/01/2002, in accordance with Federal Law No. 340-1 dated 11/20/1990 "On State Pensions in the Russian Federation", an allowance for dependents was accrued to old-age and disability pensions, while this allowance was established on the pension of one of the non-working parents.
6. From what time is a social pension assigned 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 this Law, a pension is granted 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.
7. Is the time spent by women on parental leave included in the special (preferential) experience?
In connection with the entry into force of the Resolution 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 of December 17, 2001 No. 173-FZ "On labor pensions in the Russian Federation", the bodies providing pensions, when calculating the length of the insurance period and (or) the length of service in the relevant types of work for the period up to 01.01.2002, may apply the rules and regulations that were in force before the new legal regulation came into force, regardless of whether the specified length of service has been completed in full or in part.
The period of women being on parental leave until October 6, 1992 was included in the special seniority, giving the right to a pension due to special working conditions, in accordance with paragraph 21 of the Clarification of the Ministry of Labor of the Russian Federation dated May 22, 1996 No. 5 "On the procedure application of the Lists of industries, jobs, professions, positions and indicators, giving, in accordance with Articles 12, 78, and 78.1 of the Law of the RSFSR "On State Pensions in the RSFSR," the right to an old-age pension due to special working conditions and a pension for long service " .
Thus, within the framework of the Resolution of the Constitutional Court of October 29, 2004 No. 2-P, the Clarification of 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 10/06/1992, the period of parental leave is not included in the special (preferential) experience
For citizens who worked both in the regions of the Far North and in areas equated to them, a labor pension is established: for men upon reaching the age of 55 years and for women upon reaching the age of 50 years, if they have worked for at least 15 calendar years in the regions of the Far North or at least 20 calendar years in areas equivalent to them and have an insurance record of at least 25 and 20 years, respectively.
For citizens who worked both in the regions of the Far North and in areas equated to them, a labor pension is established for 15 calendar years of work in the Far North. At the same time, each calendar year of work in areas equivalent 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 regions of the Far North for at least 7 years 6 months are assigned a labor pension with a decrease in age by four months for each full calendar year of work in these regions.
9. What details should 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 length of service for establishing labor pensions" establishes that documents issued in order to confirm periods of work, periods of other activities and other periods must contain a number and date issuance, 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 to confirm the length of service even if they do not contain grounds for their issuance.
For policyholders - 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 premiums to the PFR budget in the form of a fixed payment in the part directed to finance the funded part of the labor pension is terminated from April 12, 2005 - the date of the proclamation of the rulings of the Constitutional Court of the Russian Federation No. 164-O, No. 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 of September 26, 2006 No. 582. Until these dates, the obligation to pay insurance premiums in the form the fixed payment for the funded part of the labor pension by the indicated categories of insurers has not been canceled.
The payment of insurance premiums 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 referred to as Federal Law No. 173-FZ of December 17, 2001) provides that the funded part of the labor pension is established for the insured person if there are funds accounted for in the special part of his personal account. At the same time, the legislator connects the emergence of the insured person's 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 premiums for financing the funded part of the labor pension (depending on the age of the insured person) in a systematic 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 No. 167-FZ of December 15, 2001), the legislator proceeded from the need to ensure, by the time the retirement age is reached and the pension is awarded, the formation of pension savings sufficient 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 payment of the funded part of the old-age labor pension in order to calculate its size (paragraph 9 of Article 14 of Federal Law No. 173-FZ of December 17, 2001).
Thus, the payment of insurance premiums in the form of a fixed payment directed to finance 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 the Federal Law of December 15, 2001 No. 167-FZ, insurers 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, in what amount should 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?
Insurers born in 1966 and older (and in 2002-2004 - men born in 1952 and older and women born in 1956 and older) to acquire pension rights pay insurance premiums in the form of a fixed payment in the part directed to finance 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. Does the exemption from paying a fixed payment in the minimum amount provided for in paragraph 3 of the Rules for the payment of 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 (hereinafter referred to as the Rules) apply to past periods?
Decree of the Government of the Russian Federation of September 26, 2005 No. 582 does not apply to past periods in terms of paying insurance premiums in the form of a fixed payment, and the right of non-payment arises for the insurers specified in clause 3 of the Rules from the moment the relevant rulings of the Constitutional Court of the Russian Federation are proclaimed:
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 completed military service, service in the internal affairs bodies, the State Fire Service, bodies for controlling 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 the announcement of the ruling of the Constitutional Court of the Russian Federation No. 223 - O;
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 - from May 12, 2005 - the date of the announcement of the ruling of the Constitutional Court of the Russian Federation No. 182-O;
private detectives engaged in 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 exempted from paying insurance premiums in the form of a fixed payment in accordance with the Ruling of the Constitutional Court of the Russian Federation of May 12, 2005 No. 182-O, No. 213-O: from the date of birth of the child, or from the day following end of maternity leave?
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 announcement of the rulings of the Constitutional Court of the Russian Federation No. 182-O, No. 213-O dated May 12, 2005 - from the day following the day the maternity leave ends;
in the event of the birth of a child before the entry into force of the above rulings of the Constitutional Court of the Russian Federation - from 12.05.2005, i.e. the date of promulgation of the above rulings of the Constitutional Court of the Russian Federation.
In addition, individual entrepreneurs are exempted from paying insurance premiums for compulsory pension insurance for other periods listed in Article 11 of Federal Law No. social insurance during the period of temporary disability.
15. Are the heads and members of peasant (farm) households and members of tribal and family communities of the small peoples of the North exempt from paying insurance premiums in the form of a fixed payment for compulsory pension insurance in accordance with the decisions of the Constitutional Court of the Russian Federation dated April 12, 2005 No. 164-O , No. 165-O, No. 182-O dated May 12, 2005, No. 183-O, No. 210-O, No. 211-O, No. 212-O, No. 213-O, No. 223-O dated May 24, 2005 and resolutions Government of the Russian Federation dated September 26, 2005 No. 582?
These categories of policyholders may be exempted from paying insurance premiums for mandatory pension insurance only after making appropriate additions to the Rules for paying insurance premiums for mandatory 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 paragraph 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 him have the right to a labor pension in the event of the loss of a breadwinner. According to subparagraph 1 of paragraph 2 of Article 9 of the said Federal Law, disabled family members of the deceased breadwinner are, in particular, children, brothers, sisters and grandchildren of the deceased breadwinner who study 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 for training is made in accordance with the international treaties of the Russian Federation, with the exception of educational institutions of additional education, until they complete 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 members of the family of the deceased breadwinner who are studying in educational institutions full-time. The legislator refers to such cases: education in educational institutions of additional education, as well as in foreign educational institutions located outside the territory of the Russian Federation, without a referral to study. The legislator does not provide for any other restrictions on the right to a labor pension in case of loss of a breadwinner in relation to these persons.
In view of the foregoing, the children, brothers, sisters and grandchildren of the deceased breadwinner, before they reach the age of 23, may exercise the right to a survivor's pension if, after graduating from a college or institute, they study at another college or institute full-time.
In accordance with the provisions of Article 30 of Federal Law No. 173-FZ of December 17, 2001 (as amended by Federal Law No. 213-FZ of July 24, 2009), the estimated amount of labor pension when assessing the pension rights of insured persons is calculated based on the average monthly earnings of the insured person for 2000-2009. 2001 according to the data of individual (personalized) accounting in the system of compulsory pension insurance or for any 60 months in a row on the basis of documents issued in the prescribed manner by the relevant employers or state (municipal) bodies.
At the same time, according to 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 assignment 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 November 20, 1990 No. 340-1 “On State Pensions in the Russian Federation” (as amended by Federal Law No. 52-FZ of March 17, 1997), which was in force until 01.01. 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 to the Pension Fund of the Russian Federation were accrued.
The types of payments for which insurance contributions to the Pension Fund of the Russian Federation were not charged are determined by the Government of the Russian Federation.
Along with the above 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 a pension. These include: monetary allowance of military personnel and persons equivalent to them in pension provision, paid for the period of service (Article 90 of this Law); temporary disability allowance; a scholarship paid for the period of study (Article 91 of the said Law).
In accordance with the List of payments for which insurance premiums to the Pension Fund of the Russian Federation are not charged, approved by Decree of the Government of the Russian Federation No. 546 dated May 7, 1997, insurance premiums are not charged, incl. on remuneration paid to citizens under civil law contracts, excluding remuneration paid under civil law contracts, the subject of which is the performance of works or the provision of services, as well as excluding remuneration under copyright agreements.
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, the payment by organizations of insurance premiums for state social insurance from the amounts of royalties in accordance with the Procedure for paying insurance premiums by enterprises, organizations and citizens to the Pension Fund of the RSFSR, approved by the Resolution of the Supreme Council of the RSFSR dated 30.01.1991 No. 556-1, began to be made from 01.01 .1991.
Given the above, when assessing the pension rights of the insured person as of 01/01/2002, the amount of the author's fee may 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 author's work, they do not have the nature of remuneration and they do not accrue insurance premiums to the Pension Fund of the Russian Federation, and, therefore, these amounts cannot be taken into account as part of earnings when assessing the pension rights of the insured persons as of 01.01.2002.
18. Citizen V. submitted 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 (ie, after dismissal). Is this amount included in the calculation of average monthly earnings for the purpose of assessing pension rights as of 01.01.2002?
The procedure for assessing the pension rights of insured persons as of 01.01.2001 by converting them (transformation) into the calculated pension capital is determined by Article 30 of Federal Law No. 173-FZ of December 17, 2001 "On labor pensions in the Russian Federation".
In accordance with paragraphs 3 and 4 of Article 30 of Federal Law No. 173-FZ of December 17, 2001 (as amended by Federal Law No. 213-FZ of July 24, 2009), the estimated amount of the labor pension is determined on the basis of the average monthly earnings of the insured person for 2000-2001 according to information (personalized) accounting in the system of compulsory pension insurance, or from the average monthly earnings for any 60 months in a row on the basis of documents issued in the prescribed manner by the relevant employers or state (municipal) bodies.
According to paragraph 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, including 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 earnings of the insured person, which was established for the appointment and recalculation of state pensions and was valid until the day the said Federal Law came into force.
Based on the provisions of Articles 100 of the Law of the Russian Federation dated November 20, 1990 No. 340-1 “On State Pensions in the Russian Federation”, all types of payments (income) received in connection with the performance of work (official duties) for which insurance contributions to the Pension Fund of the Russian Federation are accrued.
At the same time, Article 102 of the said Law defines the periods for which the average earnings of the insured person are 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 the Federal Law of December 17, 2001 No. 173-FZ fixed the possibility of calculating the average earnings of the insured person for 24 months only for a specific period of time, namely for 2000-2001 personal account information.
Thus, when assessing pension rights, payments, including bonuses, received during the period of work for which the pensioner's average monthly earnings are calculated (for 60 consecutive months or for 2000-2001) can be taken into account.
Given the above, the premium for the 3rd quarter paid after the 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, the indicated the premium cannot be taken into account when assessing pension rights.
19. Can the provisions of Clause 21 of Article 14 of Federal Law No. 173-FZ dated December 17, 2001 “On labor pensions in the Russian Federation”, which provide for a reduction in the expected period for the payment of labor pensions, be applied to citizens who were recipients of labor pensions before resettlement to the territory of the Russian Federation? old age pension?
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 amount of an old-age labor pension.
In accordance with paragraph 21 of this article, when assigning for the first time the insurance part of the old-age labor pension at a later age than is provided for by paragraph 1 of article 7 of the said Federal Law, the expected period of payment of the old-age labor pension (paragraph 1 of this article) is reduced by one year for every full year that has expired from the day of reaching the specified age, 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 an old-age labor pension used to calculate the amount of the insurance part of the specified pension cannot be less than 14 years (168 months).
Thus, the provision of paragraph 21 of Article 14 of the said Federal Law, which provides for a reduction in the expected period for the payment of labor pensions, cannot be applied to citizens who were recipients of an old-age pension before resettlement to the territory of the Russian Federation.
The conditions for the appointment of 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, studying full-time 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 complete such training, but not longer than until they reach the age of 23, who have lost one or both parents, and the children of a deceased single mother, a social pension is established in case of loss of a breadwinner.
Paragraph 2 of Article 22 of Federal Law No. 166-FZ of December 15, 2001 determines in which cases the amount of the state pension is recalculated, and in which cases it is transferred from one type of pension to another. According to this paragraph, the amount of the pension can be recalculated in connection with a change in the disability group, the cause of disability, the number of disabled family members dependent on the pensioner, the category of the disabled family member of the deceased breadwinner, and also in connection with a 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 the second parent by a child who is a recipient of a social pension for 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 the specified pension. At the same time, the conditions for assigning a social pension do 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 for the loss of the breadwinner is recalculated in accordance with paragraph 2 of Article 22 of the Federal Law of December 15, 2001 No. provided for by 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 the recalculation of the amount of the pension.
In view of the foregoing, a child who is a recipient of a social pension for the loss of a breadwinner for the deceased father since November 28, 2008 and who applied for the said pension in connection with the loss of both parents on May 15, 2009 (the mother died in April 2009) should recalculate the amount of the 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 force are binding on all state authorities, local governments, public associations, officials, citizens, organizations without exception and are subject to strict enforcement 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 PFR to establish a lump sum payment in accordance with Decree of the President of the Russian Federation of February 24, 2010 No. 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 war of 1941-1945”, presenting the decision of the Gornomariysky district court, which entered into force on March 1, 2011, in which the fact of the applicant’s condition in actual marital relations was proved and the operative part of the court decision established “the fact of the state of citizen S., October 10, 1921 born, in de facto marital relations with B., born on November 23, 1914, who died on November 5, 1994, from 1941 until the moment of his death.
In view of the foregoing, the territorial body of the PFR is obliged to accept this court decision as a document confirming marital relations for the purpose of processing pensions and other social benefits, in particular, to establish S. a lump sum payment in accordance with the Decree of the President of the Russian Federation of February 24 2010 No. 247 "On a one-time payment to certain categories of citizens of the Russian Federation in connection with the 65th anniversary of the Great Patriotic War of 1941-1945."
Issues of pension provision of these citizens are regulated by the Agreement on Guarantees of the Rights of Citizens of the States Members 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, when a pensioner is resettled within the states parties to the Agreement, the payment of a pension at the former 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 terms for assigning pensions to citizens who have resettled in the Russian Federation from the States Parties to the Agreement dated March 13, 1992, are determined by the letter of the Ministry of Social Protection of the Population of the Russian Federation dated January 31, 1994 No. 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 payment of pensions at the former place of residence, but not more than 6 months before the month of registration at the place of residence in Russia in the prescribed manner, or recognition in the prescribed manner as a refugee or internally displaced person.
It follows from this that in order to exercise the right to a pension, the specified category of citizens must meet the following conditions: the right to a pension of the same type, the presence in a passport or other identity document of information about registration at the place of residence and the availability of information about the termination of payment of a pension at the previous 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 PFR with an application for the appointment of an old-age pension on 04/01/2010. On the territory of the Russian Federation has been registered at the place of residence since 30.03.2010. At her former place of residence in the Republic of Kazakhstan, the pension was paid to her, taking into account the limitation of the validity of the residence permit until 03.10.2009.
Based on the foregoing, if there is a right to an old-age labor pension in the territory of the Russian Federation, the applicant is granted 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 payment of the pension at the previous place of 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 the payment of pensions in the territory of the Republic of Kazakhstan is terminated, i.e. from 04.10.2009.
In relation 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 a pension before the specified date , the Agreement between the Government of the Russian Federation and the Government of Georgia on Guarantees of the Rights of Citizens in the Field of Pensions 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 long service, the length of service (insurance) acquired in accordance with the legislation of the Russian Federation and Georgia (including before entry into force of this Agreement), as well as in the territory of the former USSR until December 31, 1991. At the same time, the length of service is calculated in accordance with 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 the Rights of Citizens in the Field of Pension Provision of May 16, 1997, which entered into force on June 28 2002, and the Federal Law of December 17, 2001 No. 173-FZ “On labor pensions in the Russian Federation”. When assigning the specified pension to citizen L. from 11/06/2007, 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 amount of the labor pension due to the lack of information about the renaming of the organization in which he worked in specified period of employment.
As for the requirements for the execution of documents submitted by citizens who have moved to a permanent place of residence on the territory of the Russian Federation from the states - the former republics of the USSR, then, as a general rule, documents on 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 paragraph 3.2 of the Instructions for filling out work books, approved by Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69, if the name of the organization changes during the work of the employee, then this is indicated in a separate line in column 3 of the section "Information about work" of the work book entry: “The organization such and such was renamed from such and such a date to such and such”, and in column 4 the reason for the renaming is indicated - an order (instruction) or other decision of the employer, its date and number.
Documents issued on the territory of Georgia (Abkhazia) must be duly executed 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 case of liquidation of the employer or state (municipal) body or termination of their activities for other reasons, these documents may be issued by the successor, a higher body or archival organizations that have the necessary information.
Given 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 pension provision in the Russian Federation" , approved by the Decree of the Ministry of Labor of Russia and the Pension Fund of the Russian Federation of February 27, 2002 No. 17 / 19pb, evaluates the submitted documents, including in terms of their proper execution, he has the right to additionally demand the necessary documents from the applicant. In the event that additionally required documents are not submitted, the territorial body of the PFR, on the basis of paragraph 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 to 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 Instructions 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 amount of the old-age pension for the period of the applicant's work from 07/07/1981 to 09/25/1992 are not in conflict with 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 09/25/1992, and, if necessary, assist in obtaining them 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 relevant application, the amount of the old-age 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 received on the recalculation of the size of the labor pension in the direction of increase, by issuing 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 dated January 18, 1996 No. 1-1-U, documents drawn up in foreign languages are accepted when assigning a pension upon condition of their translation into Russian, if the accuracy of the translation (the authenticity of the translator's signature) is certified by notaries engaged in private practice, notaries working in state notary offices, as well as consular institutions of the Russian Federation.
In accordance with clause 30 of the List of Documents Required for Establishing a Labor Pension and State Pension Provision in accordance with the Federal Laws "On Labor Pensions in the Russian Federation" and "On State Pension Provision 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 dated 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 citizen’s examination certificate recognized as disabled, issued by the 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, there are extracts in the pension files of citizens confirming the recognition of persons as disabled, meeting the requirements of Russian regulatory legal acts on medical and 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; group of disability; 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 accepted for production in order to provide pensions to citizens.
In the situation described in the appeal, a citizen who moved to Russia from a state - the former republic of the USSR (Ukraine) applied to the territorial body of the Pension Fund for pensions. At the same time, in confirmation of the fact of recognizing him as a disabled person, an “Extract from the inspection certificate in MSEC” issued by the competent authority of Ukraine was presented. The extract was translated from Ukrainian into Russian, the accuracy of the translation (the authenticity of the translator's signature) was certified by a notary, the document contains the necessary legally significant information for pension provision and meets the requirements of Russian regulatory legal acts on medical and labor (medical and social) expertise. In this regard, the extract available in the pension case may be accepted for production in order to provide the applicant with pensions.
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 the seniority pension in accordance with 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 conditions to assign them an old-age labor pension provided for by Federal Law No. 173-FZ of December 17, 2001 “On Labor Pensions in the Russian Federation”, they are entitled to simultaneously receive a pension for long service 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 have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families”, and insurance part of the old-age labor pension (with the exception of the fixed basic amount of the insurance part of the labor pension pensions for old age), established on the terms and in the manner provided for by the Federal Law of December 17, 2001 No. 173-FZ.
In accordance with paragraph 1 of Article 12 of this Federal Law, when calculating the insurance period required for acquiring the right to the insurance part of an old-age labor pension by the specified category of citizens, it does not include periods of service that preceded the appointment of a disability pension, or periods of service, work and other activities, taken into account when determining the amount of the seniority pension in accordance with the Law of the Russian Federation of February 12, 1993 No. 4468-I.
The specified periods are also not included in the total length of service when assessing the pension rights of military personnel as of January 1, 2002 (clause 8 of Article 30 of Federal Law No. 173-FZ of December 17, 2001).
Periods of service prior to the appointment of a disability pension, or periods of service, work and other activities taken into account when determining the amount of a long service pension in accordance with the Law of the Russian Federation of February 12, 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 the periods of service, work and other activities taken into account in the amount of a seniority pension in accordance with the Law of 12.02.1993 No. 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 the purposes of pension provision.
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.
In view of the foregoing, since in the case under consideration, according to the certificate of September 19, 2008 No. PG-224227, when calculating the pension for the length of service for military pensioner V., the period “from 09/01/1962 to 06/17/1968” (5 years, nine months and 17 days) is 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) length of service 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 premiums 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 paragraph 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 amount of the labor pension (the insurance part of the old-age labor pension) is calculated, the amount of insurance premiums and other receipts to the Pension Fund of the Russian Federation is taken into account by the insured person starting from 01.01.2002.
When determining the amount of the insurance part of the old-age labor pension and disability labor pension (Articles 14-15 of the Federal Law of December 17, 2001 No. 173-FZ), the amount of the estimated pension capital of the insured person, taken into account as of the day from which the specified person the insurance part of the old-age labor pension or the labor disability pension is assigned.
Clauses 3 and 5 of Article 17 of Federal Law No. 173-FZ of December 17, 2001 define the procedure for recalculating the amount of the insurance part of the old-age labor pension and labor disability pension in connection with the performance by a person of work and (or) other activities within 12 full months from the date of appointment of the insurance part of the old-age labor pension or labor disability pension, or from the date of the previous recalculation (adjustment) of the amount of the specified part of the old-age labor pension or labor disability pension, and the procedure for adjusting (non-claimed recalculation) the size of the insurance part of the old-age and labor pension disability pensions from August 1 of each year.
The specified recalculation and adjustment is carried out according to the data of individual (personalized) accounting in the system of compulsory pension insurance based on information about the amount of insurance premiums that were not taken into account when determining the amount of the estimated pension capital for calculating the insurance part of the old-age labor pension or disability labor pension upon their appointment, transfer 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 (paragraph 3 of Article 17 of Federal Law No. 173-FZ of December 17, 2001), as well as when making adjustments (non-declared recalculation) of the specified part of the old-age labor pension (paragraph 5 of Article 17 of this Federal Law ) the amount of the estimated pension capital taken into account 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 paragraph 1 of Article 17 of Federal Law No. 173-FZ of December 17, 2001, the amount of the labor pension is determined on the basis of the relevant data available at the disposal of the body providing pensions, as of the day on which this body makes a decision to establish a labor pension. pensions.
An extract from the individual personal account of the insured person in the mandatory pension insurance system is accepted as a document confirming the information of an individual (personalized) account in the system of mandatory pension insurance (clause 14 of the List of documents required to establish a labor pension and a pension for 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 February 27, 2002).
It should be noted that in accordance with the provisions of Article 1 of Federal Law No. 27-FZ of April 1, 1996 “On Individual (Personalized) Accounting in the Compulsory Pension Insurance System” (as amended by Federal Law No. 213-FZ of July 24, 2009), 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 (personalized) accounting, in particular, information about insurance premiums for compulsory pension insurance, are recognized for the first quarter, half a year, nine months and a calendar year.
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 (personalized) accounting, as well as enters the specified information into individual personal accounts of insured persons in the manner and within the time limits determined by the federal executive body authorized by the Government of the Russian Federation.
In particular, the procedure for recording and using these individual information is enshrined in part VIII of the Instruction on the procedure for maintaining individual (personalized) records 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 entering information on insurance premiums into the individual personal accounts of the insured persons, these premiums and, accordingly, the estimated pension capital are considered "accounted for".
Given the above, in order to calculate 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 the Federal Law of December 17, 2001 No. 173-FZ, the amounts of insurance premiums are taken into account , which, as of the day 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 accounted for on the individual personal account of the insured person and, accordingly, are reflected in the extract from the individual personal account received for the purpose destination (recalculation or adjustment).
27. What is the procedure for calculating the insurance period and length of service in the relevant types of work, which gives the right to assign an old-age labor 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 - the Federal Law of December 17, 2001 No. 173-FZ), the length of service is understood to mean the total duration of periods of work taken into account when determining the right to a labor pension and other activities during which insurance premiums were paid to the Pension Fund of the Russian Federation, as well as other periods counted in the insurance record.
In accordance with paragraph 2 of Article 10 of Federal Law No. 173-FZ of December 17, 2001, periods of work and (or) other activities that were performed outside the territory of the Russian Federation are included in the length of service in cases provided for by the legislation of the Russian Federation or international treaties of the Russian Federation , or in case of payment of insurance premiums 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 states - the former republics of the USSR that are not parties to the Agreement on Guarantees of the Rights of Citizens of the States - Members of the Commonwealth of Independent States in the field of pension provision of 03/13/1992 and other agreements in the field of pension provision can be taken into account when calculating the insurance period (length of service in the relevant types of work) required to acquire the right to an old-age labor pension, including an early old-age labor pension, subject to the 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, according to the conclusion of a medical institution, need constant outside care or who have reached the age of 80, are currently regulated by the Decree of the President of the Russian Federation dated December 26, 2006 No. 1455 “On compensation payments to persons caring for disabled citizens” and Decree of the Government of the Russian Federation dated 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 given to non-working 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 norms of Article 2 of the Law of the Russian Federation of April 19, 1991 No. 1032-1 “On Employment in the Russian Federation”, citizens who are taking a full-time course of study in general 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 public employment service.
Often, these persons are denied the issuance of certificates of non-receipt of unemployment benefits by them, which are necessary for the appointment of a compensation payment.
In this regard, during the period of full-time study at an educational institution, a person caring for a disabled citizen, instead of a certificate from the public 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 the specified date a citizen, in accordance with the provisions of the Law of the Russian Federation dated 19.04.1991 No. 1032-1, is not considered employed and can be registered with the public employment service, the compensation payment can be continued on the basis of the relevant certificate of the public employment service.
In accordance with the Procedure and conditions for issuing and issuing to citizens a certificate of a participant in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant, approved by order of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters, the Ministry of Health and Social Development of the Russian Federation and the Ministry of Finance of the Russian Federation dated 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 the second part of Article 15 of the Law of the Russian Federation dated 15.05.1991 No. 1244-1 " On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant”, i.e. family members of persons who took part in the work to eliminate the consequences of the disaster at the Chernobyl nuclear power plant in 1986-1987.
Paragraph 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 issue of granting pensions in the event of the loss of a breadwinner to family members of a participant in the liquidation of the consequences of the Chernobyl 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 works.
In this regard, when deciding on the appointment of a survivor's 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 can serve as:
- certificate of the Russian sample 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-style certificate;
- a court decision establishing the legal fact of the participation of the deceased breadwinner in the work to eliminate 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.
In accordance with paragraph 3 of the letter of the Ministry of Social Protection of Russia dated 31.01.1994 No. 1-369-18 “On pension provision for citizens who arrived in the Russian Federation from states that were previously part of the USSR”, registered with the Ministry of Justice of Russia on 21.02.1994 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 dated March 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 file of citizen M., it is seen that the old-age labor pension was established for her taking into account earnings according to the salary certificate dated September 27, 2002 No. 17, issued on the territory of the Republic of Uzbekistan. The certificate is issued 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 of the Fundamentals of the Legislation of the Russian Federation on Notaries dated February 11, 1993 No. 4462-1, a notary certifies the correctness of the translation from one language into another, if the notary knows the relevant languages. If the notary is not proficient in the relevant languages, the translation may be made by a translator whose signature is authenticated 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, because the authenticity of the translator's signature has not been certified by a notary.
In view of 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 assignment of a pension in a foreign language, in accordance with the legislation of the Russian Federation.
31. Rules for assigning social supplements and payments taken into account in the calculation.
The general rules for assigning 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 level. The living wage 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, article 4 of the Federal Law of October 24, 1997 N 134-FZ "On the living wage in the Russian Federation"; hereinafter - Law N 134-FZ). The specified surcharges are assigned in such an amount that the total amount of material support for a pensioner, taking into account the surcharge, reaches the subsistence minimum for a pensioner in a constituent entity of the Russian Federation, but does not exceed the subsistence minimum for a pensioner in the Russian Federation as a whole.
Two values are involved in calculating the amount of the social supplement: the subsistence minimum and the total amount of the pensioner's material security, which includes not only the pension, but also a number of other payments and incomes.
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 that the pensioner refuses 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 paragraphs 1 - 3, part 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 support for pensioners is exhaustive and is not subject to broad interpretation.
The conditions for granting a survivor's pension to family members of citizens affected by radiation or man-made disasters, as well as the circle of deceased breadwinners for whom the specified pension is established, are provided for by Article 10 of the Federal Law of December 15, 2001 No. Russian Federation".
So, disabled family members of citizens who received or suffered radiation sickness and other diseases associated with radiation exposure due to the Chernobyl disaster or work to eliminate the consequences of this catastrophe, citizens who became disabled as a result of the Chernobyl disaster, and citizens who took part in the liquidation consequences of the catastrophe at the Chernobyl nuclear power plant in the exclusion zone, a survivor's pension is granted.
In accordance with the norms 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 said Law.
At the same time, for the right to calculate the size of the survivor's pension in the specified amount, the provisions of the Law of December 15, 2001 No. 166-FZ do not contain the condition that both parents should be citizens who suffered as a result of the Chernobyl disaster.
In connection with the foregoing, 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, the survivor's pension for the state pension provision can be set at 250 percent of the social pension provided for in subparagraph 1 of paragraph 1 of Article 18 of the Law dated December 15, 2001 No. 166-FZ.
The procedure for the provision of pensions for persons who arrived for residence in Russia from the states of the former republics of the USSR is 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 (hereinafter referred to as the Agreement of March 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 that count towards seniority.
Letter No. 1-369-18 of the Ministry of Labor of Russia dated January 31, 1994 clarified that if the member states of the Agreement dated March 13, 1992 introduced their own currency, the amount of earnings (income) is determined by converting foreign currency into rubles at the current exchange rate established The Central Bank of the Russian Federation on the day of applying for a pension (regardless of the periods for which earnings are submitted for calculating a pension).
When establishing a labor pension in accordance with the norms of the Federal Law of December 17, 2001 No. 173-FZ “On labor pensions in the Russian Federation” (hereinafter referred to as the Law of December 17, 2001), the pension rights of insured persons are assessed as of January 1, 2002 by converting them in the estimated pension capital. In accordance with paragraphs 3 and 4 of Article 30 of the Law of 12/17/2001, the estimated amount of labor pension when assessing the pension rights of insured persons who arrived from the states - parties to the Agreement of 03/13/1992, can be calculated from the average monthly earnings for any 60 months work in a row. In this case, in the case of submission of average monthly earnings 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 submitted 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 to the ruble of the Russian Federation established by the Central Bank of the Russian Federation from 01.01.2002 for the purposes of accounting and customs payments”, published in Rossiyskaya Gazeta dated 30.12.2001 No. 255, the exchange 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. , amounted to 43.8041 rubles per 1000 Uzbek soums. Given the above, when establishing labor pensions for citizens who arrived from the Republic of Uzbekistan, it is necessary to apply the exchange rate of Uzbek soums in relation to the Russian ruble 1000 soums = 43.8041 rubles. At the same time, previously assigned pensions, taking into account the exchange rate of 100 Uzbek soums = 43 rubles 80 kopecks. are not subject to revision.
34. On the appointment of an old-age pension to citizen P. who moved to the territory of the Russian Federation from Kazakhstan, where he was given 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 of nuclear tests at the Semipalatinsk test site.
The provision of pensions for citizens of the Russian Federation and the Republic of Kazakhstan in the event of their relocation 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 States Members of the Commonwealth of Independent States in the Field of Pensions of March 13, 1992, in accordance with which the provision of pensions for citizens of states - participants of the Agreement and their family members is carried out according to the legislation of the state in whose territory they live.
In accordance with Article 7 of the Agreement of March 13, 1992, when a pensioner is resettled within the states parties to the Agreement, the payment of a pension at the former 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 dated 03/13/1992 is applied taking into account the letter of the Ministry of Social Protection of the Population of the Russian Federation dated 01/31/1994 No. 1-369-18, which contains provisions on the appointment of a pension to citizens who have resettled to the territory of the Russian Federation from the States Parties to the Agreement, from the month following month of termination of payment of pension at the former place of residence, but not more than 6 months before the month of registration at the place of residence in Russia in the prescribed manner or recognition in the prescribed 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: labor pension for old age (by age), labor pension for disability, labor pension for the loss of a breadwinner.
It can be seen from the appeal that citizen V.S. The materials of the pension file received from the Republic of Kazakhstan contain 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 Pivovarov V.S. applied to the territorial body of the Pension Fund of the Russian Federation with an application for the appointment of an old-age labor 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, Pivovarov V.S. the authorized body refused to issue a certificate as a victim of nuclear tests at the Semipalatinsk test site, i.е. his status as a victim under Russian law has not been confirmed.
Taking into account the foregoing and taking into account that the applicant, before moving to the place of residence in the Russian Federation, reached the generally established age of 60 years and had the required insurance period for the appointment of an old-age pension (5 years), we believe it is possible to consider him as a citizen entitled to a pension of that of the same type, and in this regard, to assign an old-age labor pension in accordance with the norms of the Agreement of 03/13/1992 from the deadlines established by the letter of the Ministry of Social Protection of Russia dated 01/31/1994 No. 1-369-18, that is, from 11/01/2010.
35. A pensioner received a pension taking into account the increased basic part of the labor pension for a dependent student of a higher educational 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 specified dependent in the 1st year of the master's program from September 1, 2009 at the same university. Is it possible to establish an increased basic part of the pension and from what date?
In accordance with subparagraph 1 of paragraph 2 of Article 9 of the Federal Law "On labor pensions in the Russian Federation" dated December 17, 2001 No. 173-FZ, children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18 years are recognized as disabled members of the family of the deceased breadwinner, and also children, brothers, sisters and grandchildren of the deceased breadwinner who study 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 for training is made in accordance with the international treaties of the Russian Federation, with the exception of educational institutions of additional education, until they complete such training, but not longer than until they reach the age of 23 or children, brothers, sisters and grandchildren of the deceased breadwinner older than this age, if they are before reaching the age 18 years old became disabled.
This rule applies to students both in general education institutions and in institutions of vocational education.
Higher professional education 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 in stages.
The following levels of higher professional education have been established in the Russian Federation:
- higher professional education, confirmed by the assignment to a person who has successfully passed the final certification, qualifications (degrees) "bachelor";
- higher professional education, confirmed by the assignment of a person who has successfully passed the final certification, the qualification "certified specialist";
- higher professional education, confirmed by the assignment to a person who has successfully passed the final certification, the qualification (degree) "master".
Persons who have received state documents on higher professional education of a certain level, have the right, in accordance with the received direction of training (specialty), to continue their education in the educational program of higher professional education of the next level.
The legislator clarifies that receiving 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 education by the student under the program of the next stage also gives the right to establish an increased fixed base 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 December 17, 2001 No. 173-FZ should be applied, i.e. from 1.01.2010.
Citizens of Russia are interested in whether lump-sum payments will be made to all those born from 1950 to 1991 from September 1, 2017? There are rumors on the net that all citizens of the country born during this period are entitled to 25 or 30 thousand rubles.
However, experts say that such a law does not exist. 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 on nominal payments. But on July 29, it was decided to liquidate the Generation Fund, thanks to which the so-called lifting was paid.
In the context of 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 well-being of the population. Unfortunately, not everything that appears on the Internet or in the media can be trusted.
The articles that told us about the unprecedented generosity of the government contain a reference supposedly to the legislative act itself. But be careful! The link redirects you to the picture. And in parallel, a virus can be loaded if your gadget is not protected by a good antivirus, rsute.ru writes about this.
A virus that has downloaded into your phone can start withdrawing money from your account. And the joy about the upcoming "payments" will be replaced by grief from the loss of funds 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 draw up a pension and received it at least once. During 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 has been established that citizens who permanently reside in Russia and who, as of December 31 of the current year, are recipients of insurance, military and other pensions, the payment of which is made by the Pension Fund, have the right to receive payments. Pensioners will receive funds in January 2017, however, they can be provided later.
It is fixed that pensioners will receive payment from the bodies providing the appropriate pension provision, moreover, on the basis of documents already contained in the payment or pension file. This means that you will not have to submit any applications for payment.
A lump sum payment will not affect the right of a citizen to other payments and the measures of social support due to him. In addition, it will not be possible to deduct from it on the basis of executive documents, decisions of the bodies providing pensions, as well as court decisions on the recovery of pensions and other social benefits due to abuses by the pensioner established in court.
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