Federal Law 173. Federal Law on Labor Pensions. The current version of the law on labor pensions
Russian legislation contains a lot of regulations governing the methods and procedure for social protection of citizens. Today we propose to dwell in more detail on two such documents, and more specifically on the Federal Law of the Russian Federation, which regulate the procedure for payments and accruals for labor and insurance pensions.
Federal Law on Labor Pensions in the Russian Federation
For a long time in Russia, exclusively the Federal Law of the Russian Federation on labor pensions in the Russian Federation dated December 17, 2011 173-FZ was actively used. The law regulated the procedure for pension accruals, retirement age and other important points for state provision of a relatively carefree old age.
In 2013, the pension system of Russia and all its federal regions underwent significant changes, and since January 2015, Federal Law No. 173, which regulates the procedure for entering work experience and corresponding accruals, has been used only in extreme variations. It was almost completely replaced by a new bill: Federal Law of the Russian Federation 400, regulating the procedure for insurance pensions, adopted in December 2013.
The new government project has completely changed the concepts: if previously, for pension accruals, government bodies were guided exclusively by work experience, today it no longer has such significance; now insurance is taken into account, i.e. periods when a citizen of the Russian Federation made contributions to the Pension Fund (insurance contributions are taken into account). We invite you to delve deeper into the main theses and concepts.
Law 400-RF on labor pensions in the Russian Federation in the latest edition with comments
This Federal Law of the Russian Federation regulating the procedure for labor accruals establishes:
- General provisions and concepts.
- Types of pension accruals:
old age;
on disability;
on the loss of a breadwinner. - Basic interpretation of the concept of “insurance period”.
- The procedure for pension accruals, according to this value.
- Amounts and formulas of charges.
- The right to early retirement.
- Delivery of payments, the procedure for retiring according to the insurance period and other points.
In essence, this Federal Law largely repeats the previous bill (on labor accruals), however, the comments to each of its articles explain the main difference and provide an understanding of their complete differences. The most important theses are enshrined in the part of this Federal Law that regulates the procedure for recording (entering) insurance experience. In particular, in addition to working hours, taking into account constant contributions to the Pension Fund of the Russian Federation, this includes the following list:
- completion of military or equivalent service;
- payment of temporary disability benefits;
- care for each born or adopted child (it is specified here: this period in the overall calculation should not exceed 6 years);
- periods during which the citizen was registered in the employment service;
- periods during which citizens were in custody or serving a sentence, but subject to their further rehabilitation;
- periods of care for a citizen over 80 years of age, or for a disabled person of group 1, incl. the time spent caring for a disabled child is taken into account;
- periods during which the family of a military contractor did not have the opportunity to find a job and with the condition that at this time they stayed with him at his place of service;
- time of diplomatic work abroad of the Russian Federation (maximum – 5 years).
The provisions of the Federal Law indicate that all these periods are taken into account to provide state insurance pensions to citizens only if before and after them the corresponding person regularly made (without withholding) insurance transfers to the Pension Fund. You can read the full text of this bill or download it online with additions and comments on specialized resources, for example, on the Consultant Plus portal.
By the way, you can find the current law on insurance pensions in the Russian Federation in 2017, with comments, in the following article.
173 Federal Law latest changes for today and comments
This Law 173 of the Russian Federation on labor pensions in the Russian Federation in the latest edition has been no longer applied since the beginning of 2015 (more specifically, since January). The exception is chapter number two, paragraphs and subparagraphs regulating the procedure for pension accruals (in this case, labor accruals) for the further possibility of determining the insurance period, but only for the part that does not conflict with Federal Law of the Russian Federation No. 400.
This law (Federal Law No. 173) divides the labor pension into two parts: funded and insurance. Citizens collect the first part on their own at their own expense, the second is guaranteed by the state, so length of service is important for it. The new edition also contains information about reducing the allowance for working pensioners, but it applies only to those who have an average annual income of more than 1 million rubles.
"4. For the purpose of assessing the pension rights of insured persons, the total length of service is understood as the total duration of labor and other socially useful activities before January 1, 2002, taken into account in calendar order, which includes:
1) periods of work as a worker, employee (including hired work outside the territory of the Russian Federation), member of a collective farm or other cooperative organization; periods of other work in which the employee, not being a worker or employee, was subject to compulsory pension insurance; periods of work (service) in paramilitary security, special communications agencies or in a mine rescue unit, regardless of its nature; periods of individual labor activity (including in agriculture);
2) periods of creative activity of members of creative unions - writers, artists, composers, cinematographers, theater workers, as well as writers and artists who are not members of these creative unions;
3) periods of service in the Armed Forces of the Russian Federation and other military formations created in accordance with the legislation of the Russian Federation, the United Armed Forces of the Commonwealth of Independent States, the Armed Forces of the former USSR, internal affairs agencies of the Russian Federation, foreign intelligence agencies, federal security service agencies, federal agencies executive power, which provide for military service, former state security bodies of the Russian Federation, as well as in state security bodies and internal affairs bodies of the former USSR (including during periods when these bodies were called differently), stay in partisan detachments during periods Civil War and Great Patriotic War;
4) periods of temporary disability that began during the period of work, and the period of being on disability of groups I and II, received as a result of an injury associated with production or an occupational disease;
5) the period of stay in places of detention beyond the period appointed during the review of the case;
6) periods of receiving unemployment benefits, participating in paid public works, as well as periods of moving in the direction of the employment service to another area and finding employment;
7) periods of preparation for professional activity - training in colleges, schools and personnel training courses, advanced training and retraining, in secondary specialized and higher educational institutions, postgraduate studies, doctoral studies, clinical residency;
8) periods of care for a disabled person of group I, a disabled child, an elderly person, if he needs constant care upon the conclusion of a medical institution;
9) periods of care of a non-working mother for each child under three years of age and 70 days before his birth, but not more than 9 years in total;
10) the period of residence of the wives (husbands) of military personnel performing military service under a contract together with their husbands (wives) in areas where they could not work in their specialty due to lack of employment opportunities;
11) period of residence abroad for wives (husbands) of employees of Soviet institutions and international organizations, but not more than 10 years in total.
When calculating the total length of service, the following periods of work (service) are calculated on a preferential basis:
a full navigation period on water transport, a full season in organizations of seasonal industries - for a year of work. The list of relevant seasonal work is approved in the manner determined by the Government of the Russian Federation:
in leper colonies and anti-plague institutions - double the amount;
in military units, headquarters and institutions that are part of the active army, in partisan detachments and formations during hostilities, as well as the time spent in treatment in medical institutions due to military trauma - triple the amount;
in the city of Leningrad during its blockade (from September 8, 1941 to January 27, 1944) - triple the amount;
during the Great Patriotic War (from June 22, 1941 to May 9, 1945), with the exception of work in areas temporarily occupied by the enemy - at double the rate;
in regions of the Far North and areas equated to regions of the Far North - one and a half times;
military service upon conscription - double.
For citizens who were unjustifiably brought to criminal liability, unjustifiably repressed and subsequently rehabilitated, the time of detention, stay in places of detention and exile is counted in the total length of service in triple the amount.
For citizens who lived in areas temporarily occupied by the enemy during the Great Patriotic War, and who reached the age of 16 on the day of occupation or during its period, the entire period of their stay at the age of 16 years and older in the occupied territory of the USSR or in the territories is counted in their total work experience. other states, as well as on the territories of states that were at war with the USSR, except for cases where these citizens committed a crime during the specified period.
For citizens who lived in the city of Leningrad during its siege (from September 8, 1941 to January 27, 1944), as well as for citizens who were prisoners of fascist concentration camps, the time spent respectively living in the besieged city of Leningrad and the time spent in concentration camps during the Great Patriotic War is counted towards the total double length of service, except for cases where these citizens committed a crime during the specified period."
1) the period of military service, as well as other service equivalent to it, provided for by the Law of the Russian Federation “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families";
2) the period of receiving compulsory social insurance benefits during the period of temporary disability;
3) the period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than four and a half years in total;
4) the period of receiving unemployment benefits, the period of participation in paid public works and the period of moving or resettlement in the direction of the state employment service to another area for employment;
5) the period of detention of persons who were unjustifiably prosecuted, unjustifiably repressed and subsequently rehabilitated, and the period of serving their sentences in places of imprisonment and exile;
6) the period of care provided by an able-bodied person for a group I disabled person, a disabled child or a person who has reached the age of 80 years;
7) the period of residence of spouses of military personnel performing military service under a contract, together with their spouses, in areas where they could not work due to lack of employment opportunities, but not more than five years in total;
8) the period of residence abroad of spouses of employees sent to diplomatic missions and consular offices of the Russian Federation, permanent missions of the Russian Federation to international organizations, trade missions of the Russian Federation in foreign countries, representative offices of federal executive authorities, state bodies under federal executive authorities or in as representatives of these bodies abroad, as well as in representative offices of state institutions of the Russian Federation (state bodies and state institutions of the USSR) abroad and international organizations, the list of which is approved by the Government of the Russian Federation, but not more than five years in total.
2. The periods provided for in paragraph 1 of this article are counted towards the insurance period if they were preceded and (or) followed by periods of work and (or) other activities (regardless of their duration) specified in Article 10 of this Federal Law .
Judicial practice under Article 11 of the Federal Law of December 17, 2001 No. 173-FZ
Decision of December 27, 2018 in case No. A67-10540/2018
Arbitration Court of the Tomsk Region (AC of the Tomsk Region) - Administrative
The essence of the dispute: On challenging non-normative legal acts, decisions and actions (inactions) of antimonopoly authorities
Power of attorney dated August 28, 2018); from the Federal Tax Service of Russia for Tomsk: Guselnikov E.V. (power of attorney dated 01/09/2018), Belyakova T.B. (power of attorney dated November 19, 2018); ESTABLISHED: Limited Liability Company "TomIUS-Project" (hereinafter referred to as LLC "TomIUS-Project", applicant) appealed to the Arbitration Court of the Tomsk Region with an application to the Inspectorate of the Federal Tax...
Resolution of December 3, 2018 in case No. A55-13199/2018
Art. 6 of Law No. 173-FZ provides that currency transactions between residents and non-residents are carried out without restrictions, with the exception of currency transactions, with the exception of transactions provided for in Art. 11 of this Law. In accordance with paragraph. 1 hour 6 tbsp. 12 of Law No. 173-FZ, resident legal entities have the right to carry out currency transactions without restrictions with funds credited to...
Eleventh Arbitration Court of Appeal (11 AAC) - Administrative
The essence of the dispute: On challenging decisions of tax authorities to bring to administrative liability
A., judges Dragotsennova I.S., Popova E.G., while keeping the minutes of the court session by the secretary of the court session Romanenko A.A., having considered it in open court on 26.11. 2018, on the premises of the court, an appeal from the Interdistrict Inspectorate of the Federal Tax Service for the largest taxpayers in the Samara Region against the decision of the Arbitration Court of the Samara Region dated 19.10....
Resolution of November 30, 2018 in case No. A55-14314/2018
Arbitration Court of the Samara Region (AS of the Samara Region)
A., judges Dragotsennova I.S., Popova E.G., while keeping the minutes of the court session by the secretary of the court session Romanenko A.A., having considered it in open court on 26.11. 2018, in the courthouse, an appeal from the Interdistrict Inspectorate of the Federal Tax Service for the largest taxpayers in the Samara Region against the decision of the Arbitration Court of the Samara Region dated 10/19/2018 ...
Decision No. 2A-7386/2018 2A-7386/2018~M-7162/2018 M-7162/2018 dated November 28, 2018 in case No. 2A-7386/2018
Petrozavodsk City Court (Republic of Karelia) - Civil and administrative
Exempt the plaintiff from paying insurance premiums for the period of being in prison from 03/10/2011 to 02/09/2016. By court ruling dated 28.11. 2018 due to the abandonment of the claim in part, the proceedings in this case were terminated in terms of the claims submitted to the Inspectorate of the Federal Tax Service of Russia for the city of Petrozavodsk, ...
Decision No. 2-958/2018 2-958/2018~M-845/2018 M-845/2018 dated November 22, 2018 in case No. 2-958/2018
Sergievsky District Court (Samara Region) - Civil and administrative
From p.p. 19th century 30 of the Federal Law of December 28, 2013 N 400-FZ “On Insurance Pensions”, on DD.MM.YYYY is 22 years 11 months 14 days, which is less than the required 25 years, which does not give her the right to early pension provision. Having listened to the explanations of the plaintiff, the representative of the defendant, and examined the written evidence, the court considers...
Decision No. 2-721/2018 2-721/2018~M-642/2018 M-642/2018 dated November 21, 2018 in case No. 2-721/2018
Novodvinsk City Court (Arkhangelsk Region) - Civil and administrative
Assignment of an old-age insurance pension for the period of work at Arkhangelsk Pulp and Paper Mill OJSC from 09/05/1994 to 10/18/1994 as an apprentice bleacher, from 01.11. 1994 to 10/31/1997 as a bleacher of the 4th category in the bleaching section of workshop block No. 2 in the Subsidiary shareholder open company "Paper" (hereinafter referred to as DAOOT "Paper"), ...
It does not work Editorial from 03.06.2006
| Name of document | FEDERAL LAW of December 17, 2001 N 173-FZ (as amended on June 3, 2006) “ON LABOR PENSIONS IN THE RUSSIAN FEDERATION” |
| Document type | law |
| Receiving authority | President of the Russian Federation, State Duma of the Russian Federation, Siberian Federation of the Russian Federation |
| Document Number | 173-FZ |
| Acceptance date | 01.01.2002 |
| Revision date | 03.06.2006 |
| Date of registration with the Ministry of Justice | 01.01.1970 |
| Status | It does not work |
| Publication |
|
| Navigator | Notes |
FEDERAL LAW of December 17, 2001 N 173-FZ (as amended on June 3, 2006) “ON LABOR PENSIONS IN THE RUSSIAN FEDERATION”
This Federal Law, in accordance with the Constitution of the Russian Federation and the Federal Law “On Compulsory Pension Insurance in the Russian Federation,” establishes the grounds for the emergence and procedure for exercising the right of citizens of the Russian Federation to labor pensions.
5. Relations related to the provision of pensions to citizens at the expense of funds from the budgets of the constituent entities of the Russian Federation, funds from local budgets and funds from organizations are regulated by regulatory legal acts of state authorities of the constituent entities of the Russian Federation, local governments and acts of organizations.
For the purposes of this Federal Law, the following basic concepts apply:
labor pension - a monthly cash payment in order to compensate citizens for wages or other income that the insured persons received before the establishment of their labor pension or lost to disabled family members of the insured persons due to the death of these persons, the right to which is determined in accordance with the conditions and norms, established by this Federal Law;
insurance period - the total duration of periods of work and (or) other activities taken into account when determining the right to a labor pension, during which insurance contributions were paid to the Pension Fund of the Russian Federation, as well as other periods counted in the insurance period;
calculated pension capital - taken into account in the manner determined by the Government of the Russian Federation, the total amount of insurance contributions and other receipts to the Pension Fund of the Russian Federation for the insured person and pension rights in monetary terms acquired before the entry into force of this Federal Law, which is the basis for determining the amount insurance part of labor pension;
establishment of a labor pension - assignment of a labor pension, recalculation of its amount, transfer from one type of pension to another;
individual personal account - a set of information about received insurance premiums for the insured person and other information about the insured person, containing his identification characteristics in the Pension Fund of the Russian Federation, as well as other information taking into account the pension rights of the insured person in accordance with the Federal Law "On Individual (personalized ) registration in the compulsory pension insurance system";
special part of an individual personal account - a section of the individual personal account of an insured person in the individual (personalized) accounting system in the Pension Fund of the Russian Federation, which takes into account information about insurance premiums received for this person, directed to mandatory funded financing of labor pensions, income from their investment and on payments made from pension savings;
pension savings - a set of funds accounted for in a special part of an individual personal account, generated from received insurance contributions for mandatory funded financing of labor pensions and income from their investment;
the expected period of payment of an old-age labor pension is an indicator calculated on the basis of data from the federal executive body for statistics and used to determine the insurance part and the funded part of the labor pension.
Citizens of the Russian Federation who are insured in accordance with the Federal Law “On Compulsory Pension Insurance in the Russian Federation” have the right to a labor pension, provided they comply with the conditions provided for by this Federal Law.
Disabled family members of persons specified in part one of this article have the right to a labor pension in the cases provided for in Article 9 of this Federal Law.
Foreign citizens and stateless persons permanently residing in the Russian Federation have the right to a labor pension on an equal basis with citizens of the Russian Federation, except for cases established by federal law or an international treaty of the Russian Federation.
1. Citizens who have the right to simultaneously receive labor pensions of various types, in accordance with this Federal Law, are established one pension of their choice.
2. In cases provided for by the Federal Law “On State Pension Provision in the Russian Federation”, it is permitted to simultaneously receive a pension under the state pension provision established in accordance with the said Federal Law and a labor pension (part of the labor pension) established in accordance with this Federal Law. by law.
3. An application for a labor pension (part of a labor pension) can be made at any time after the right to a labor pension (part of a labor pension) arises, without any time limit.
1. In accordance with this Federal Law, the following types of labor pensions are established:
1) old-age labor pension;
2) labor disability pension;
3) labor pension in case of loss of a breadwinner.
2. An old-age labor pension and a labor disability pension may consist of the following parts:
1) base part;
2) the insurance part;
3) the storage part.
3. The labor pension in case of loss of a breadwinner consists of the following parts:
1) base part;
2) the insurance part.
4. Citizens who for some reason do not have the right to a labor pension are provided with a social pension on the terms and in the manner determined by the Federal Law “On State Pension Provision in the Russian Federation”.
1. The procedure for financing parts of labor pensions specified in paragraphs 2 and 3 of Article 5 of this Federal Law, as well as the procedure for accounting for funds in an individual personal account, are determined by the Federal Law “On Compulsory Pension Insurance in the Russian Federation”.
2. When introducing amendments and additions to this Federal Law that require an increase in the costs of paying labor pensions (parts of labor pensions), the relevant federal law determines the specific source and procedure for financing additional expenses, and federal laws on making the necessary changes are also mandatory. and additions to federal laws on the federal budget and the budget of the Pension Fund of the Russian Federation.
3. The establishment of the funded part of the labor pension is carried out if there are funds accounted for in the special part of the individual personal account of the insured person.
Chapter II. Conditions for assigning labor pensions1. Men who have reached the age of 60 and women who have reached the age of 55 have the right to an old-age pension.
2. An old-age labor pension is assigned if there are at least five years of insurance experience.
1. A labor disability pension is established in the event of disability in the presence of a limitation of the ability to work of the III, II or I degree, determined for medical reasons.
Advertisement to their health, which are established in court, are approved by the Government of the Russian Federation.
3. A labor disability pension is established regardless of the cause of disability (except for the cases provided for in paragraph 4 of this article), the length of the insurance period of the insured person, whether the disabled person continues to work, and also whether the disability occurred during the period of work, before entering work. or after termination of work.
4. If a disabled person has no insurance experience at all, as well as in the event of disability as a result of his commission of an intentional criminal act or intentional damage to his health, which are established in court, a social disability pension is established in accordance with the Federal Law "On State Pension provision in the Russian Federation". In this case, paragraph 5 of this article applies.
5. If there are pension savings accounted for in a special part of the individual personal account of an insured person recognized as disabled, the cumulative part of the labor disability pension is established for this insured person no earlier than he reaches the age specified in paragraph 1 of Article 7 of this Federal Law, and for disabled people from childhood, having a disability of III and II degrees, regardless of age; persons suffering from pituitary dwarfism (midgets), disproportionate dwarfs and visually impaired persons with third-degree disabilities in the ability to work - not earlier than they reach the age provided for in Article 28 of this Federal Law, respectively.
1. Disabled members of the family 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. One of the parents, spouse or other family members specified in subparagraph 2 of paragraph 2 of this article is assigned the specified pension regardless of whether or not they were dependent on the deceased breadwinner. The family of an unknown breadwinner is equated to the family of a deceased breadwinner if the unknown absence of the breadwinner is certified in the prescribed manner.
2. The following are recognized as disabled family members of the deceased breadwinner:
1) children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner studying full-time in educational institutions of all types and types, regardless of their organizational and legal form, for 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 or children, brothers, sisters and grandchildren of a deceased breadwinner older than this age, if they became disabled before reaching the age of 18 years, having limited ability to labor activity. In this case, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents;
2) one of the parents or spouse or grandfather, grandmother of the deceased breadwinner, regardless of age and ability to work, as well as a brother, sister or child of the deceased breadwinner who has reached the age of 18 years, if they are caring for the children, brothers, sisters or grandchildren of the deceased breadwinner, not who have reached 14 years of age and are entitled to a labor pension in the event of the loss of a breadwinner in accordance with subparagraph 1 of this paragraph, and do not work;
3) parents and spouse of the deceased breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled people with limited ability to work;
4) grandparents of the deceased breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled people with limited ability to work, in the absence of persons who, in accordance with the legislation of the Russian Federation, are obliged to support them.
3. Members of the family of a deceased breadwinner are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood.
4. Dependency of children of deceased parents is assumed and does not require proof, with the exception of these children declared fully capable in accordance with the legislation of the Russian Federation or who have reached the age of 18 years.
5. Disabled parents and the spouse of the deceased breadwinner, who were not dependent on him, have the right to a labor pension in the event of the loss of a breadwinner, if, regardless of the time that has passed since his death, they have lost their source of livelihood.
6. Family members of the deceased breadwinner, for whom his help was a constant and main source of livelihood, but who themselves received some kind of pension, have the right to switch to a labor pension in the event of the loss of a breadwinner.
7. The labor pension in the event of the loss of a breadwinner-spouse is preserved upon entering into a new marriage.
8. Adoptive parents have the right to a labor pension in the event of the loss of a breadwinner on an equal basis with their parents, and adopted children - on an equal basis with their own children. Minor children who have the right to a labor pension in the event of the loss of a breadwinner retain this right upon their adoption.
9. A stepfather and stepmother have the right to a labor pension in the event of the loss of a breadwinner on the same basis as their father and mother, provided that they raised and supported the deceased stepson or stepdaughter for at least five years. A stepson and stepdaughter have the right to a labor pension in the event of the loss of a breadwinner on the same basis as their own children, if they were raised and supported by a deceased stepfather or stepmother, which is confirmed in the manner determined by the Government of the Russian Federation.
10. The labor pension in the event of the loss of a breadwinner is established regardless of the duration of the breadwinner’s insurance period, as well as the cause and time of his death, except for the cases provided for in paragraph 11 of this article.
11. If the deceased breadwinner has no insurance experience at all, as well as in the event of his death as a result of his commission of an intentional criminal act or intentional damage to his health, which are established in court, a social pension is established in connection with the death of the breadwinner in accordance with the Federal Law "On State Pension Provision in the Russian Federation". In this case, paragraph 12 of this article applies.
12. If the death of the insured person occurred before the assignment of the funded part of the old-age labor pension to him or before the recalculation of the amount of this part of the said pension taking into account additional pension savings, the funds recorded in the special part of his individual personal account are paid in the prescribed manner to persons specified in paragraph 6 of Article 16 of this Federal Law. In this case, the insured person has the right at any time, by submitting an appropriate application to the Pension Fund of the Russian Federation, to identify specific persons from among those specified in paragraph 6 of Article 16 of this Federal Law or from among other persons to whom such a payment may be made, and also to establish in which In shares, the above funds should be distributed between them. In the absence of the specified application, the funds recorded in the special part of the individual personal account, subject to payment to the relatives of the insured person, are distributed among them in equal shares.
Chapter III. Insurance experience1. The insurance period includes periods of work and (or) other activities that were performed on the territory of the Russian Federation by the persons specified in part one of Article 3 of this Federal Law, provided that for these periods insurance contributions were paid to the Pension Fund of the Russian Federation.
: Paragraph three of paragraph 7 and paragraph 1 of Article 10 of the Federal Law “On Labor Pensions in the Russian Federation” are recognized as inconsistent with the Constitution of the Russian Federation, its articles 19 (parts and), 39 (parts and), 45 (part 1) and 55 (part 3 ), to the extent that the regulatory provisions contained therein in conjunction with other legislative requirements regulating the conditions for the appointment and size of labor pensions - in the absence in the current regulation of sufficient guarantees for the unhindered implementation of the pension rights of insured persons who worked under an employment contract and fulfilled the stipulated By law, the conditions for acquiring the right to a labor pension, in the event of non-payment or incomplete payment by the policyholder (employer) of insurance premiums for certain periods of labor activity of these persons, allow such periods not to be included in their insurance experience taken into account when determining the right to a labor pension, and to reduce assignment (recalculation) of a labor pension, the amount of its insurance part - Resolution of the Constitutional Court of the Russian Federation of July 10, 2007 N 9-P
2. Periods of work and (or) other activities that were performed by persons specified in part one of Article 3 of this Federal Law outside the territory of the Russian Federation are included in the insurance period in cases provided for by the legislation of the Russian Federation or international treaties of the Russian Federation, or in in case of payment of insurance contributions to the Pension Fund of the Russian Federation in accordance with Article 29 of the Federal Law “On Compulsory Pension Insurance in the Russian Federation”.
1. The insurance period, along with periods of work and (or) other activities that are provided for in Article 10 of this Federal Law, includes:
1) the period of military service, as well as other service equivalent to it, provided for by the Law of the Russian Federation “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, institutions and bodies of the penal system, and their families ";
2) the period of receiving state social insurance benefits during the period of temporary disability;
3) the period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than three years in total;
4) the period of receiving unemployment benefits, the period of participation in paid public works and the period of moving in the direction of the state employment service to another area for employment;
6) the period of care provided by an able-bodied person for a group I disabled person, a disabled child or a person who has reached the age of 80 years.
2. The periods provided for in paragraph 1 of this article are counted towards the insurance period if they were preceded and (or) followed by periods of work and (or) other activities (regardless of their duration) specified in Article 10 of this Federal Law .
1. The calculation of the insurance period required to acquire the right to a labor pension is carried out on a calendar basis. If several periods, provided for in Articles 10 and 11 of this Federal Law, coincide in time, when calculating the insurance period, one of such periods is taken into account at the choice of the person who applied for the establishment of the specified pension.
2. When calculating the insurance period, periods of work during the full navigation period on water transport and during the full season in organizations of seasonal industries determined by the Government of the Russian Federation are taken into account in such a way that the duration of the insurance period in the corresponding calendar year is a full year.
1. When calculating the insurance period, the periods of work and (or) other activities that are provided for in Articles 10 and 11 of this Federal Law, before registering a citizen as an insured person in accordance with the Federal Law "On individual (personalized) registration in the compulsory pension insurance system" are confirmed by documents issued in the prescribed manner by employers or relevant state (municipal) bodies.
2. When calculating the insurance period, periods of work and (or) other activities, which are provided for in Articles 10 and 11 of this Federal Law, after registration of a citizen as an insured person in accordance with the Federal Law "On individual (personalized) accounting in the compulsory pension insurance system" are confirmed on the basis of individual (personalized) accounting information.
3. When calculating the insurance period, the periods of work on the territory of the Russian Federation, provided for in Article 10 of this Federal Law, before registering a citizen as an insured person in accordance with the Federal Law “On individual (personalized) registration in the compulsory pension insurance system” can be established on the basis of testimony two or more witnesses if work documents are lost due to a natural disaster (earthquake, flood, hurricane, fire, etc.) and it is impossible to restore them. In some cases, it is possible to establish length of service based on the testimony of two or more witnesses in the event of loss of documents and for other reasons (due to careless storage, intentional destruction and similar reasons) not through the fault of the employee.
4. The rules for calculating and confirming the insurance period, including on the basis of witness testimony, are established in the manner determined by the Government of the Russian Federation.
Chapter IV. Amounts of labor pensions1. The amount of the basic part of the old-age labor pension is set at 900 rubles per month.
2. For persons who have reached the age of 80 years or are disabled people with a III degree limitation in their ability to work, the amount of the basic part of the old-age labor pension is set in the amount of 1,800 rubles per month.
3. For persons who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the amount of the basic part of the old-age labor pension is established in the following amounts:
1) if there is one such family member - 1,200 rubles per month;
2) if there are two such family members - 1,500 rubles per month;
3) if there are three or more such family members - 1,800 rubles per month.
4. Persons who have reached the age of 80 years or who are disabled, have a third degree limitation in their ability to work, and who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the amount of the basic part of the old-age labor pension is established in the following amounts:
1) if there is one such family member - 2,100 rubles per month;
2) if there are two such family members - 2,400 rubles per month;
3) if there are three or more such family members - 2,700 rubles per month.
4.1. The size of the basic part of the old-age labor pension for persons living in the regions of the Far North and equivalent areas is increased by the corresponding regional coefficient established by the Government of the Russian Federation depending on the region (locality) of residence, for the entire period of residence of these persons in the specified areas (localities). ).
When citizens leave the regions of the Far North and equivalent areas for a new place of residence, the amount of the basic part of the old-age labor pension is determined in accordance with paragraphs 1-4 of this article.
When citizens move to a new place of residence in other regions of the Far North and equivalent areas in which other regional coefficients are established, the size of the basic part of the old-age labor pension is determined taking into account the size of the regional coefficient at the new place of residence.
5. The amount of the insurance part of the old-age labor pension is determined by the formula:
SCh = PC/T, where
SCH - the insurance part of the old-age labor pension;
PC - the amount of the estimated pension capital of the insured person, taken into account as of the day from which the specified person is assigned the insurance part of the old-age labor pension;
T - the number of months of the expected period of payment of the old-age labor pension, used to calculate the insurance part of the specified pension, amounting to 19 years (228 months).
The amount of the insurance part of the old-age labor pension of insured persons who were recipients of the insurance part of the labor disability pension for a total of at least 10 years cannot be less than the size of the insurance part of the labor disability pension, which was established for these persons as of the day from which they were finally stopped paying the specified part of this pension.
6. When assigning the insurance part of an old-age labor pension at a later age than provided for in paragraph 1 of Article 7 of this Federal Law, the expected period for payment of an old-age labor pension (clause 5 of this article) is reduced by one year for each full year that has elapsed since day of reaching the specified age. In this case, the expected period of payment of the old-age labor pension used to calculate the amount of the insurance part of the said pension cannot be less than 14 years (168 months).
7. When recalculating the insurance part of the old-age labor pension in accordance with paragraphs 3 and 4 of Article 17 of this Federal Law, the expected period for payment of the old-age labor pension (clauses 5 and 6 of this article) is reduced by one year for each full year that has elapsed from the date of appointment the specified portion of this pension. In this case, the specified period, including taking into account its reduction in the case provided for in paragraph 6 of this article, cannot be less than 14 years (168 months).
Clause 8 - Lost force.
9. The size of the funded part of the old-age labor pension is determined by the formula:
LF = PN/T, where
PN - the amount of pension savings of the insured person, recorded in the special part of his individual personal account as of the day from which he is assigned the cumulative part of the old-age labor pension;
T - the number of months of the expected period for payment of an old-age labor pension, used to calculate the funded part of the specified pension, determined in the manner established by federal law.
10. In the case of the establishment of an old-age labor pension, which includes the insurance part and (or) the funded part of the specified pension, the funds reflected in the individual personal account and (or) in the special part of the individual personal account and taken into account when assigning this pension are not are taken into account when recalculating the corresponding part of the old-age labor pension on the grounds provided for in paragraphs 3, 4 and 10 of Article 17 of this Federal Law, and when indexing the estimated pension capital provided for in paragraph 8 of Article 30 of this Federal Law.
11. The amount of the old-age labor pension is determined by the formula:
P = BC + MF + LF, where
P - the size of the old-age labor pension;
BC - the basic part of the old-age labor pension (clauses 1-4.1 of this article);
SC - the insurance part of the old-age labor pension (clause 5 of this article);
LF - the funded part of the old-age labor pension (clause 9 of this article).
1. The amount of the basic part of the labor disability pension, depending on the degree of limitation of the ability to work, is established in the following amounts:
1) for III degree - 1,800 rubles per month;
2) for II degree - 900 rubles per month;
3) for I degree - 450 rubles per month.
2. For persons who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the amount of the basic part of the labor disability pension is determined in the following amounts:
1) at III degree:
if there is one such family member - 2,100 rubles per month;
if there are two such family members - 2,400 rubles per month;
if there are three or more such family members - 2,700 rubles per month;
2) in case of II degree:
if there is one such family member - 1,200 rubles per month;
if there are two such family members - 1,500 rubles per month;
If there are three or more such family members - 1,800 rubles per month;
3) in case of I degree:
If there is one such family member - 750 rubles per month;
if there are two such family members - 1,050 rubles per month;
if there are three or more such family members - 1,350 rubles per month.
2.1. The size of the basic part of the labor disability pension for persons living in the regions of the Far North and equivalent areas is increased by the corresponding regional coefficient established by the Government of the Russian Federation depending on the region (locality) of residence, for the entire period of residence of these persons in the specified areas (localities). ).
When citizens leave the regions of the Far North and equivalent areas for a new place of residence, the amount of the basic part of the labor disability pension is determined in accordance with paragraphs 1 and 2 of this article.
When citizens move to a new place of residence in other regions of the Far North and equivalent areas in which other regional coefficients are established, the size of the basic part of the labor disability pension is determined taking into account the size of the regional coefficient at the new place of residence.
3. The amount of the insurance part of the labor disability pension is determined by the formula:
SC = PC/(T x K), where
SCH - the insurance part of the labor pension;
PC - the amount of the estimated pension capital of the insured person, taken into account as of the day from which he is assigned the insurance part of the labor pension;
T - the number of months of the expected period of payment of the old-age labor pension (clause 5 of Article 14 of this Federal Law);
K is the ratio of the standard duration of the insurance period (in months) as of the specified date to 180 months. The standard length of insurance coverage until a disabled person reaches the age of 19 is 12 months and increases by 4 months for each full year of age starting from 19 years, but not more than 180 months.
4. The amount of the base part and the insurance part of the labor disability pension for the first degree of limitation of the ability to work cannot be less than 660 rubles per month.
5. The amount of the funded part of the labor disability pension is determined by the formula:
LF = PN/T, where
LF - the funded part of the labor pension;
PN - the amount of pension savings of the insured person, recorded in the special part of his individual personal account as of the day from which the specified person is assigned the funded part of the labor pension;
T - the number of months of the expected period of payment of the old-age labor pension (clause 9 of Article 14 of this Federal Law).
6. In the case of an indefinite establishment of the insurance part and (or) the funded part of the disability pension, the funds reflected in the individual personal account and (or) in its special part are not taken into account when recalculating the corresponding part of the specified pension on the grounds provided for in paragraphs 3 and 10 Article 17 of this Federal Law, and the indexation of the estimated pension capital provided for in paragraph 8 of Article 30 of this Federal Law.
In the case of establishing the insurance part and (or) the funded part of the labor disability pension for a certain period (subparagraph 2 of paragraph 6 of Article 19 of this Federal Law) when recalculating the corresponding part of the specified pension on the grounds provided for in paragraphs 3 and 10 of Article 17 of this Federal Law, and indexation of the estimated pension capital provided for in paragraph 8 of Article 30 of this Federal Law does not take into account that part of the funds reflected in the individual personal account and (or) in its special part, which corresponds to the duration of the period for which the specified parts of the specified pension are established.
7. The amount of the labor disability pension is determined by the formula:
P = BC + MF + LF, where
P - the size of the labor disability pension;
BC - the basic part of the labor disability pension (clauses 1-2.1 of this article);
SC - the insurance part of the labor disability pension (clause 3 of this article);
NC - the cumulative part of the labor disability pension (clause 5 of this article).
1. The amount of the basic part of the labor pension in the event of the loss of a breadwinner is established in the following amounts:
children specified in subparagraph 1 of paragraph 2 of Article 9 of this Federal Law who have lost both parents, or children of a deceased single mother (orphans) - 900 rubles per month (for each child);
other disabled family members of the deceased breadwinner specified in paragraph 2 of Article 9 of this Federal Law - 450 rubles per month (for each family member).
(as amended by Federal Law No. 3-FZ dated February 14, 2005)
1.1. The size of the basic part of the labor pension in the event of the loss of a breadwinner for persons living in the regions of the Far North and equivalent areas is increased by the corresponding regional coefficient established by the Government of the Russian Federation depending on the region (locality) of residence, for the entire period of residence of these persons in these areas (localities).
When citizens leave the regions of the Far North and equivalent areas for a new place of residence, the amount of the basic part of the labor pension in the event of the loss of a breadwinner is determined in accordance with paragraph 1 of this article.
When citizens move to a new place of residence in other regions of the Far North and equivalent areas in which other regional coefficients are established, the size of the basic part of the labor pension in the event of the loss of a breadwinner is determined taking into account the size of the regional coefficient at the new place of residence.
2. The amount of the insurance part of the labor pension in the event of the loss of a breadwinner for each disabled family member is determined by the formula:
SC = PC/(T x K)/KN, where
SCH - the insurance part of the labor pension in the event of the loss of a breadwinner;
PC - the amount of the estimated pension capital of the deceased breadwinner, recorded as of the day of his death;
T - the number of months of the expected period of payment of the old-age pension (clause 5 of Article 14 of this Federal Law);
K is the ratio of the standard duration of the breadwinner's insurance period (in months) as of the day of his death to 180 months. The standard duration of the insurance period until the deceased breadwinner reaches the age of 19 is 12 months and increases by 4 months for each full year of age starting from 19 years, but not more than up to 180 months;
KN - the number of disabled family members of the deceased breadwinner who are recipients of the specified pensions established in connection with the death of this breadwinner as of the day from which a labor pension in the event of the loss of a breadwinner is assigned to the corresponding disabled family member.
If a labor pension for the loss of a breadwinner is established in connection with the death of a person for whom the insurance part of an old-age labor pension or the insurance part of a labor pension for disability was established on the day of death, the amount of the insurance part of a labor pension for the loss of a breadwinner for each disabled member family is determined by the formula:
SCh = SChp/KN, where
SCH - the amount of the insurance part of the labor pension in the event of the loss of a breadwinner;
SChp - the amount of the insurance part of the old-age labor pension or disability labor pension established for the deceased breadwinner as of the day of his death.
The amount of the insurance part of the labor pension in the event of the loss of a breadwinner cannot be less than the size of the insurance part of the labor pension in the event of the loss of a breadwinner, which was originally assigned to other members of the family of the deceased breadwinner in connection with the death of the same breadwinner.
3. The amount of labor pension in case of loss of a breadwinner is determined by the formula:
P = warhead + midrange, where
P - the amount of labor pension in case of loss of a breadwinner;
BC - the basic part of the labor pension in case of loss of a breadwinner (clauses 1-1.1 of this article);
SCH - the insurance part of the labor pension in the event of the loss of a breadwinner (clause 2 of this article).
4. The amount of the labor pension in case of loss of a breadwinner (clause 3 of this article), established for the persons specified in paragraph three of clause 1 of this article, cannot be less than 660 rubles per month.
(as amended by Federal Law No. 3-FZ dated February 14, 2005)
5. When establishing the size of the labor pension in the event of the loss of a breadwinner, which includes the amount of the insurance part of the specified pension, the funds recorded in the individual personal account of the deceased breadwinner are written off from the specified account, and the account is closed.
6. In the case provided for in paragraph 12 of Article 9 of this Federal Law, the persons specified in the application of the insured person on the procedure for distributing funds accounted for in the special part of the individual personal account are paid the specified funds.
In the absence of the specified application of the insured person, payment is made to his relatives, which include his children, including adopted children, spouse, parents (adoptive parents), brothers, sisters, grandparents and grandchildren, regardless of age and disability, in the following sequence:
1) first of all - to children, including adopted children, spouse and parents (adoptive parents);
2) secondly - to brothers, sisters, grandfathers, grandmothers and grandchildren.
Payment of funds to the relatives of the deceased breadwinner of one line is carried out in equal shares. Relatives of the second priority have the right to receive funds accounted for in a special part of the individual personal account of the deceased breadwinner only in the absence of relatives of the first priority.
If the insured person does not have relatives specified in this paragraph, these funds are taken into account as part of the pension reserve. In this case, a special part of the individual personal account of the insured person is closed.
1. The amount of the labor pension is determined on the basis of the relevant data available to the body providing pensions as of the day on which this body makes a decision on the assignment of a labor pension, and in accordance with the regulatory legal acts in force on that day.
2. In cases where a pensioner reaches the age of 80, there is a change in the degree of limitation of the ability to work, the number of disabled family members or the category of recipients of a labor pension in the event of the loss of a breadwinner, an appropriate recalculation of the size of the basic parts of the old-age labor pension, disability labor pension and labor pension is carried out. case of loss of a breadwinner.
3. To a person who carried out work and (or) other activities that are provided for in Article 10 of this Federal Law, for at least 12 full months from the date of assignment of the insurance part of an old-age labor pension or the insurance part of a disability labor pension or from the date of the previous recalculation the amount of the specified part of the corresponding labor pension in accordance with this paragraph, upon his application, the size of the insurance part of the old-age labor pension or the insurance part of the disability labor pension is recalculated.
The amount of the insurance part of an old-age labor pension or the insurance part of a disability labor pension is recalculated using the formula:
SCh = SChp + PKp/(T x K), where
SCH - the amount of the insurance part of an old-age labor pension or the insurance part of a labor disability pension;
SChp - the established amount of the insurance part of the old-age labor pension or the insurance part of the disability labor pension as of the day immediately preceding the day from which the corresponding recalculation is made;
PKp - the amount of the estimated pension capital as of the day from which the corresponding recalculation is made;
T - the number of months of the expected period of payment of an old-age labor pension (clause 7 of Article 14 of this Federal Law) or a labor disability pension as of the day immediately preceding the day from which the corresponding recalculation is made;
K is the coefficient for calculating the amount of the old-age labor pension equal to 1, and for calculating the amount of the disability labor pension - the ratio specified in paragraph 3 of Article 15 of this Federal Law. In this case, the standard duration of the disabled person’s insurance period is taken into account as of the day from which the corresponding recalculation is made.
4. If a pensioner refuses to receive the insurance part of the old-age labor pension established for him (in full or in the part determined by him) for at least 12 full months from the date of assignment of the insurance part of the old-age labor pension or from the date of the previous recalculation of the amount of this part of the specified pension effected in accordance with this paragraph, upon his application, the amount of the insurance part of the old-age labor pension is recalculated. In this case, the amounts of the insurance part of the old-age labor pension not received by the pensioner for the specified period are subject to crediting to his individual personal account.
The amount of the insurance part of the old-age labor pension is recalculated according to the formula specified in paragraph 3 of this article.
5. The amount of the insurance part of the labor pension is subject to adjustment, taking into account the clarification, according to individual (personalized) accounting in the compulsory pension insurance system, of information previously provided by the policyholder on the amount of insurance contributions paid by him to the Pension Fund of the Russian Federation, taken into account when determining the amount of the estimated pension capital to calculate the amount of this part of the specified pension. Such an adjustment is made from July 1 of the year following the year in which the assignment of a labor pension or recalculation of the amount of a labor pension occurs, in accordance with paragraphs 3 and 4 of this article.
6. The size of the basic part of the labor pension is indexed taking into account the rate of inflation within the limits of funds provided for these purposes in the federal budget and the budget of the Pension Fund of the Russian Federation for the corresponding financial year.
The indexation coefficient and its frequency are determined by the Government of the Russian Federation.
The amounts of the basic parts of the old-age labor pension, disability labor pension and survivor's labor pension, provided for in Articles 14-16 of this Federal Law, along with indexation carried out in accordance with this article, may, in order to gradually approach the value of the pensioner's subsistence level established by separate federal laws simultaneously with the adoption of the federal law on the federal budget for the corresponding financial year.
: Clauses 6 and 7 of Article 17 were applied until December 31, 2005 to the extent not inconsistent with Federal Law No. 3-FZ of February 14, 2005
7. The amount of the insurance part of the labor pension is indexed in the following order:
1) if prices rise for each calendar quarter by at least 6 percent - once every three months from the 1st day of the month following the first month of the next quarter, that is, from February 1, May 1, August 1 and November 1 ;
2) at a lower level of price growth, but not less than 6 percent for each half-year - once every six months, that is, from August 1 and February 1, if indexation was not carried out during the corresponding half-year in accordance with subparagraph 1 of this paragraph;
3) in the event of an increase in prices for the corresponding six months by less than 6 percent - once a year from February 1, if indexation was not carried out during the year in accordance with subparagraphs 1 and 2 of this paragraph;
4) the indexation coefficient of the size of the insurance part of the labor pension is determined by the Government of the Russian Federation based on the level of price growth for the corresponding period and cannot exceed the indexation coefficient of the size of the basic part of the labor pension for the same period (clause 6 of this article);
5) if the annual growth index of the average monthly salary in the Russian Federation exceeds the total indexation coefficient of the size of the insurance part of the labor pension in the same year (subparagraphs 1-3 of this paragraph), from April 1 of the next year an additional increase in the size of the insurance part of the labor pension will be made pensions by the difference between the annual growth index of average monthly wages in the Russian Federation and the specified coefficient. At the same time, the additional increase in the size of the insurance part of the labor pension (taking into account the previously made indexation of the specified part of the labor pension) cannot exceed the growth index of income of the Pension Fund of the Russian Federation per pensioner, allocated for the payment of the insurance part of labor pensions.
8. The annual growth index of average monthly wages in the Russian Federation and the growth index of income of the Pension Fund of the Russian Federation per pensioner, allocated for the payment of the insurance part of labor pensions (subparagraph 5 of paragraph 7 of this article), are determined by the Government of the Russian Federation.
9. The size of the funded part of the labor pension is subject to annual indexation from July 1 of the year following the year in which it is assigned or recalculated in accordance with paragraph 10 of this article, taking into account income from investing pension savings and changes in the expected period of payment of the labor pension for old age (clause 9 of article 14 of this Federal Law).
10. For persons who carried out work and (or) other activities that are provided for in Article 10 of this Federal Law, after the accumulative part of the old-age labor pension is assigned, the amount of this part of the labor pension is recalculated once every three years, taking into account additional pension savings reflected in the special part of an individual personal account, for the period that has elapsed from the date of assignment of the specified part of the specified pension, or from the date of the last recalculation of its amount made in accordance with this paragraph.
The size of the funded part of the labor pension is recalculated using the formula:
LF = LFp + PNp / T, where
LF - the size of the funded part of the labor pension;
NChp - the established amount of the funded part of the labor pension as of the day immediately preceding the day from which the corresponding recalculation is made;
Pnp - the amount of additional pension savings received by the Pension Fund of the Russian Federation and accounted for in a special part of the individual personal account for the period that has elapsed from the date of assignment of the funded part of the labor pension, or from the date of the last recalculation of the amount of this part of the labor pension, made in accordance with this point;
T - the number of months of the expected period of payment of the old-age labor pension (clause 9 of Article 14 of this Federal Law), determined as of the day from which the specified recalculation is made.
Chapter V. Assignment, recalculation of amounts, payment and delivery of labor pensions1. The assignment, recalculation of amounts and payment of labor pensions, including the organization of their delivery, are made by the body providing pensions in accordance with the Federal Law “On Compulsory Pension Insurance in the Russian Federation” at the place of residence of the person applying for a labor pension. When a pensioner changes his place of residence, the payment of a labor pension, including the organization of its delivery, is carried out at his new place of residence or place of stay on the basis of the pension file and registration documents issued in the prescribed manner by the registration authorities.
2. List of documents required to establish a labor pension, the rules for applying for the specified pension, its assignment and recalculation of the amount of the specified pension, including for persons who do not have a permanent place of residence on the territory of the Russian Federation, transfer from one type of pension to another, payment of this pensions and maintenance of pension documentation are established in the manner determined by the Government of the Russian Federation.
3. The body providing pensions has the right to demand from individuals and legal entities the provision of documents necessary for the assignment, recalculation of the amount and payment of a labor pension, and also to check, in appropriate cases, the validity of the issuance of these documents.
4. Payment of labor pensions, including to working pensioners, is made in the established amount without any restrictions directly by the body providing pensions, or by the federal postal service organization, credit or other organization at the request of the pensioner.
5. Delivery of the labor pension to the place of residence or place of stay of the pensioner is carried out at the expense of the sources from which the corresponding labor pension (part of the labor pension) is financed, and is carried out at the request of the pensioner by the body providing pensions, the federal postal service organization, credit or other organization.
6. At the request of the pensioner, the labor pension can be paid under a power of attorney issued in the manner established by the legislation of the Russian Federation. Payment of the specified pension by power of attorney, the validity of which exceeds one year, is made during the entire validity period of the power of attorney, subject to annual confirmation by the pensioner of the fact of registration at the place of receipt of the labor pension in accordance with paragraph 1 of this article.
7. Decisions on the establishment or refusal to establish a labor pension, on the payment of the said pension, on deductions from this pension and on the recovery of overpaid amounts of such a pension can be appealed to a higher pension authority (in relation to the body that made the corresponding decision) and (or ) to court.
1. A labor pension (part of a labor pension) is assigned from the date of application for the specified pension (for the specified part of the labor pension), except for the cases provided for in paragraph 4 of this article, but in all cases not earlier than from the date the right to the specified pension (specified part of the labor pension).
2. The day of applying for a labor pension (part of a labor pension) is considered to be the day the body providing pension provision receives the corresponding application with all the necessary documents. If the specified application is sent by mail and all the necessary documents are attached to it, then the day of application for a labor pension (part of a labor pension) is considered to be the date indicated on the postmark of the federal postal service organization at the place of departure of this application.
3. If the individual (personalized) accounting data in the compulsory pension insurance system does not contain the information necessary for assigning a labor pension and (or) not all necessary documents are attached to the application, the body providing pension provision gives the person applying for a labor pension , an explanation of what additional documents he must submit. If such documents are submitted no later than three months from the date of receipt of the corresponding clarification, the day of application for a labor pension (part of a labor pension) is considered to be the day of receipt of the application for a labor pension (part of a labor pension) or the date indicated on the postmark of the federal postal organization contact at the place of sending this application.
4. A labor pension (part of a labor pension) is assigned earlier than the day of application for a labor pension (part of a labor pension), determined by paragraph 2 of this article, in the following cases:
1) old-age labor pension (part of the old-age labor pension) - from the day following the day of dismissal from work, if the application for the specified pension (specified part of the labor pension) followed no later than 30 days from the date of dismissal from work;
2) labor pension for disability (part of the labor pension for disability) - from the day the person is recognized as disabled, if the application for the specified pension (specified part of the labor pension) followed no later than 12 months from this date;
3) labor pension in case of loss of a breadwinner - from the date of death of the breadwinner, if the application for the specified pension followed no later than 12 months from the date of his death, and if this period is exceeded - 12 months earlier than the day when the application for the specified pension followed .
5. An application for assignment of a labor pension (part of a labor pension), an application for transfer to a labor pension or an application for transfer from one type of labor pension to another is considered no later than 10 days from the date of receipt of this application or from the date of submission of additional documents in accordance with paragraph 3 of this article. In case of refusal to satisfy the said application, the body providing pension provision, no later than five days after the relevant decision is made, notifies the applicant about this, indicating the reason for the refusal and the procedure for appealing it, and at the same time returns all documents.
6. Labor pensions (parts of labor pensions) are assigned for the following periods:
1) old-age labor pension (part of the specified labor pension) - for an indefinite period;
2) labor pension for disability (part of the specified labor pension) - for the period during which the corresponding person is recognized as disabled, including for an indefinite period;
3) labor pension in case of loss of a breadwinner - for the period during which the corresponding person is considered disabled, including indefinitely.
7. Transfer from one type of labor pension to another, as well as from another pension established in accordance with the legislation of the Russian Federation, to a labor pension is made from the 1st day of the month following the month in which the pensioner submitted an application for transfer from one type of labor pension to another or from another pension to a labor pension with all the necessary documents (if they are not in his pension file), but not earlier than the day of acquiring the right to a labor pension or other pension.
1. Recalculation of the amount of the labor pension (part of the labor pension) in accordance with paragraphs 2-4 of Article 17 of this Federal Law, except for the cases provided for in paragraph 3 of this article, is carried out:
from the 1st day of the month following the month in which circumstances occurred that entailed a recalculation of the amount of the labor pension downward;
from the 1st day of the month following the month in which the pensioner’s application for an upward recalculation of the amount of the labor pension (part of the labor pension) was accepted.
2. A pensioner’s application for recalculation of the amount of the labor pension (part of the labor pension) is accepted subject to the simultaneous submission of all documents necessary for such recalculation.
3. Recalculation of the size of the basic part of the old-age labor pension and disability labor pension in connection with a change in the degree of limitation of the ability to work is carried out in the following order:
1) when establishing a higher degree of limitation of the ability to work - from the date the body of the State Service for Medical and Social Expertise makes the corresponding decision;
2) when a lower degree of limitation of the ability to work is established - from the 1st day of the month following the month for which the previous degree of limitation of the ability to work was established.
The recalculation of the amount of the basic part of the old-age labor pension in connection with the pensioner reaching the age of 80 is carried out from the day the pensioner reaches the specified age.
4. A pensioner’s application for recalculation of the amount of the labor pension (part of the labor pension) is considered no later than five days from the date of receipt of the said application with all the necessary documents. In case of refusal to satisfy this application, the body providing pension provision, no later than five days from the date of the relevant decision, notifies the applicant about this, indicating the reason for the refusal and the procedure for appealing and at the same time returns all documents.
5. The recalculation of the amount of the funded part of the labor pension (clause 10 of Article 17 of this Federal Law) is carried out by the body providing pensions, without requiring a corresponding application from the pensioner, from the 1st day of the month following the month in which the three-year period expires from the date of appointment, or from the date of the last recalculation of the amount of this part of the labor pension in accordance with the specified paragraph.
1. Payment of a labor pension (part of a labor pension) is suspended in the following cases:
1) if you have not received the established labor pension (part of the labor pension) for six months in a row - for the entire period of non-receipt of the specified pension (the specified part of the labor pension) starting from the 1st day of the month following the month in which the specified period expired;
2) if a disabled person fails to appear at the appointed time for re-examination at the body of the State Service for Medical and Social Expertise - for three months starting from the 1st day of the month following the month in which the specified period expired. After the expiration of the specified three months, payment of this pension (part of this labor pension) is terminated in accordance with subparagraph 3 of paragraph 1 of Article 22 of this Federal Law.
2. If the circumstances specified in paragraph 1 of this article are eliminated, the payment of the labor pension (part of the labor pension) is resumed in the same amount as it was paid on the day the payment was suspended. After the resumption of payment of the said pension (part of the said pension), its amount is subject to recalculation on the grounds and in the manner provided for in Articles 17 and 20 of this Federal Law.
3. Resumption of payment of a labor pension (part of a labor pension) is made from the 1st day of the month following the month in which the body providing pensions received the relevant application for the resumption of payment of a labor pension (part of a labor pension) and documents, with the exception of cases provided for in paragraphs 4 and 5 of this article. In this case, the pensioner is paid the amounts of the specified pension (the specified part of the labor pension) that he has not received for the entire time during which the payment of the specified pension (the specified part of the labor pension) was suspended.
4. If a person undergoes re-examination by the State Medical and Social Examination Service and confirmation of his disability before the expiration of the period established by subparagraph 2 of paragraph 1 of this article, the payment of a labor pension (part of a labor pension) for disability is resumed from the day from which this person again recognized as disabled.
5. In cases where a person misses the period for re-examination for a good reason, determined by the body of the State Service for Medical and Social Expertise, and the said body establishes disability with a limitation of the ability to work of the III, II or I degree for the past time, payment of a labor pension (part of a labor pension) according to disability is resumed from the day on which the corresponding person is again recognized as disabled, regardless of the period that has passed since the suspension of payment of the labor pension (part of the labor pension). If, during the re-examination, a different degree of limitation of the ability to work is established (higher or lower), then the payment of this pension (part of the labor pension) is resumed for the specified time according to the previous degree of limitation of the ability to work.
1. Payment of a labor pension (part of a labor pension) is terminated:
1) in the event of the death of a pensioner, as well as in the case of recognizing him as deceased or missing in the prescribed manner - from the 1st day of the month following the month in which the death of the pensioner occurred or the decision to declare him dead or the decision to recognize him came into force his missing;
2) after six months from the date of suspension of the payment of the labor pension in accordance with subparagraph 1 of paragraph 1 of Article 21 of this Federal Law - from the 1st day of the month following the month in which the specified period expired;
3) in the event of a pensioner losing the right to the labor pension assigned to him (part of the labor pension) (detection of circumstances or documents disproving the accuracy of the information presented in confirmation of the right to the specified pension; expiration of the period for recognizing a person as disabled; acquisition of working capacity by a person receiving a pension in case of loss breadwinner; entry to work (resumption of other activities subject to inclusion in the insurance period) of persons provided for in subparagraph 2 of paragraph 2 of Article 9 of this Federal Law) - from the 1st day of the month following the month in which the above circumstances or documents were discovered , either the period of disability has expired or the person concerned has become capable of working.
2. Payment of labor pension (part of labor pension) is restored:
1) in case of cancellation of a decision to recognize a pensioner as dead or a decision to recognize a pensioner as missing - from the 1st day of the month following the month in which the corresponding decision came into force;
2) at the request of the pensioner in the event of the occurrence of new circumstances or proper confirmation of previous circumstances giving the right to establish a labor pension (part of the labor pension), if no more than 10 years have passed since the date of termination of payment of the specified pension (the specified part of the labor pension), - from 1 the th day of the month following the month in which the body providing pensions received an application for the restoration of payment of this pension (part of this pension) and all the necessary documents.
3. Termination or restoration of payment of the insurance part of the old-age labor pension in the event of a pensioner’s refusal to receive it on the basis of paragraph 4 of Article 17 of this Federal Law is carried out from the 1st day of the month following the month in which the body providing pension provision received the corresponding pensioner's application and all necessary documents.
4. When the payment of a labor pension (part of a labor pension) is restored, the right to a labor pension (part of a labor pension) is not revised. In this case, the amount of the specified pension (the specified part of the labor pension) is determined anew, taking into account paragraphs 2-5 of Article 17 and Article 20 of this Federal Law.
1. Payment of labor pension, including its delivery, is made for the current month.
2. The accrued amounts of the base part and the insurance part of the labor pension, the payment of which was suspended by the body providing pensions, and which were not claimed by the pensioner in a timely manner, are paid to him over the past period of time, but not more than for three years preceding the moment of applying for the accrued labor pension. A labor pension (part of a labor pension) not received by a pensioner on time due to the fault of the body providing pensions is paid to him for the past time without any limitation.
3. Accrued amounts of labor pension due to the pensioner in the current month and remaining not received in connection with his death in the specified month are not included in the inheritance and are paid to those members of his family who belong to the persons specified in paragraph 2 of Article 9 of this Federal Law. law, and lived together with this pensioner on the day of his death, if the application for the unreceived amounts of the specified pension followed no later than six months from the date of death of the pensioner. When several family members apply for the specified amounts of labor pension, the amounts of labor pension due to them are divided equally between them.
4. The pensioner is obliged to immediately notify the body providing pensions of the occurrence of circumstances entailing a change in the size of the labor pension or termination of its payment.
1. A person leaving for permanent residence outside the territory of the Russian Federation, before leaving, at his request, is paid the amount of the labor pension assigned to him in accordance with this Federal Law (part of the labor pension) in rubles for six months in advance.
2. Based on a written application of a person who has left for permanent residence outside the territory of the Russian Federation, the amount of the labor pension assigned to him (part of the labor pension) may be paid on the territory of the Russian Federation in rubles by proxy or by crediting to his account in a bank or other credit organization or can be transferred abroad in foreign currency at the ruble exchange rate established by the Central Bank of the Russian Federation on the day of this transaction. In this case, the transfer is made starting from the month following the month of departure of this person outside the territory of the Russian Federation, but not earlier than from the day before which the pension in rubles was paid.
3. The procedure for paying labor pensions to persons who leave (have left) for permanent residence outside the territory of the Russian Federation is established by the Government of the Russian Federation.
4. When the persons specified in paragraphs 1 and 2 of this article return for permanent residence to the Russian Federation, the amounts of the labor pension assigned to them (parts of the labor pension) not received by them during their residence outside the territory of the Russian Federation are paid for the past time, but no more than three years preceding the day of application for the specified pension (part of the labor pension).
1. Individuals and legal entities are responsible for the accuracy of the information contained in the documents they submit for the establishment and payment of a labor pension, and employers, in addition, are responsible for the accuracy of the information provided for maintaining individual (personalized) records in the compulsory pension insurance system.
2. If the submission of false information or untimely submission of information provided for in paragraph 4 of Article 23 of this Federal Law has resulted in overexpenditure of funds for the payment of labor pensions, the guilty persons shall compensate the Pension Fund of the Russian Federation for the damage caused in the manner established by the legislation of the Russian Federation.
3. In cases of non-fulfillment or improper fulfillment of the duties specified in paragraph 1 of this article, and the payment in connection with this of excess amounts of labor pension, the employer and pensioner shall compensate the pension body that pays the labor pension for the damage caused in the manner established by the legislation of the Russian Federation.
1. Deductions from labor pensions are made on the basis of:
1) executive documents;
2) decisions of bodies providing pensions on the recovery of amounts of labor pensions overpaid to a pensioner in connection with a violation of paragraph 4 of Article 23 of this Federal Law;
3) court decisions on the recovery of labor pensions due to abuses on the part of the pensioner, established in court.
2. Deductions are made in the amount calculated from the amount of the established labor pension.
3. No more than 50 percent can be withheld, and in cases established by the legislation of the Russian Federation, no more than 70 percent of the labor pension. Deductions based on decisions of the bodies providing pensions are made in an amount not exceeding 20 percent of the labor pension.
4. In the event of termination of payment of a labor pension before full repayment of the debt on overpaid amounts of the said pension, withheld on the basis of decisions of the bodies providing pensions, the remaining debt is collected in court.
5. If not all parts of the labor pension provided for by this Federal Law are established for a person, the deductions from the labor pension specified in this article are made from the established parts of this pension.
Chapter VI. The procedure for preserving and converting (transforming) previously acquired rights1. An old-age labor pension is assigned before reaching the age established by Article 7 of this Federal Law to the following persons:
1) men upon reaching the age of 50 years and women upon reaching the age of 45 years, if they have worked, respectively, for at least 10 years and 7 years 6 months in underground work, in work with hazardous working conditions and in hot shops and have an insurance record of at least 20 and 15 years old.
If these persons have worked in the listed jobs for at least half of the period established above and have the required length of insurance service, they are assigned a labor pension with a reduction in the age established by Article 7 of this Federal Law by one year for each full year of such work - for men and women;
2) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in jobs with difficult working conditions for at least 12 years 6 months and 10 years, respectively, and have an insurance period of at least 25 and 20 years, respectively.
If these persons have worked in the listed jobs for at least half of the established period and have the required length of insurance service, they are assigned a labor pension with a reduction in the age provided for in Article 7 of this Federal Law by one year for every 2 years and 6 months of such work for men and for every 2 years of such work for women;
3) women upon reaching the age of 50 years, if they have worked as tractor drivers in agriculture, other sectors of the economy, as well as as drivers of construction, road and loading and unloading machines for at least 15 years and have an insurance record of at least 20 years ;
4) women upon reaching the age of 50, if they have worked for at least 20 years in the textile industry in work with increased intensity and severity;
5) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked respectively for at least 12 years, 6 months and 10 years as working locomotive crews and workers of certain categories directly organizing transportation and ensuring traffic safety on railway transport and subway, as well as as drivers of trucks directly in the technological process in mines, open-pit mines, mines or ore quarries for the removal of coal, shale, ore, rock and have an insurance experience of at least 25 and 20 years, respectively;
6) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked, respectively, for at least 12 years 6 months and 10 years in expeditions, parties, detachments, at sites and in teams directly on field geological exploration, prospecting, topographic-geodetic, geophysical, hydrographic, hydrological, forest management and survey work and have insurance experience of at least 25 and 20 years, respectively;
7) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked respectively for at least 12 years 6 months and 10 years as workers, foremen (including senior ones) directly in logging and rafting, including servicing mechanisms and equipment, and have insurance experience of at least 25 and 20 years, respectively;
8) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked, respectively, for at least 20 and 15 years as machine operators (docker-mechanizers) of complex crews for loading and unloading operations in ports and have an insurance record of at least 25 and 20 years;
9) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked respectively for at least 12 years 6 months and 10 years as a crew member on ships of the sea, river fleet and fishing industry fleet (with the exception of port ships permanently operating in port waters, service and auxiliary and traveling vessels, suburban and intracity traffic vessels) and have an insurance record of at least 25 and 20 years, respectively;
10) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked as drivers of buses, trolleybuses, trams on regular city passenger routes for at least 20 and 15 years, respectively, and have an insurance record of at least 25 and 20 years, respectively. ;
11) persons directly employed full-time in underground and open-pit mining (including personnel of mine rescue units) in the extraction of coal, shale, ore and other minerals and in the construction of mines and mines, regardless of age, if they worked in the specified work at least 25 years, and for workers of leading professions - longwall miners, drifters, breakers, hammer operators, mining machine operators, if they have worked in such work for at least 20 years;
12) men and women who have worked, respectively, for at least 25 and 20 years on ships of the marine fishing industry in the production, processing of fish and seafood, receiving finished products in the fishery (regardless of the nature of the work performed), as well as on certain types of sea vessels , river fleet and fishing industry fleet;
13) men who have worked for at least 25 years and women who have worked for at least 20 years as civil aviation flight personnel, and when leaving flight work for health reasons - men who have worked for at least 20 years and women who have worked for at least 15 years in the specified composition of civil aviation;
14) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in direct control of civil aviation flights for at least 12 years 6 months and at least 10 years, respectively, and have an insurance period of at least 25 and 20 years;
15) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in engineering and technical personnel in direct maintenance of civil aviation aircraft for at least 20 and 15 years, respectively, and have insurance experience in civil aviation, respectively, for at least 25 and 20 years.
2. Lists of relevant jobs, industries, professions, positions and specialties and institutions, taking into account which the labor pension provided for in paragraph 1 of this article is assigned, the rules for calculating periods of work and assigning labor pensions, if necessary, are approved by the Government of the Russian Federation.
3. The conditions for assigning an old-age labor pension, provided for in paragraph 1 of this article, apply if the insured person worked in the relevant types of work for at least half of the required period as of January 1, 2003, and in the case of assigning an old-age labor pension in the period from January 1 to December 31, 2002 - the day from which this pension is assigned. Persons who have worked in the relevant types of work for less than half the required period, as well as those hired to perform these works after January 1, 2003, are granted professional pensions regulated by the relevant federal law.
1. An old-age labor pension is assigned before reaching the age established by Article 7 of this Federal Law to the following citizens:
1) women who have given birth to five or more children and raised them until they reach the age of 8 years, upon reaching the age of 50 years, if they have an insurance period of at least 15 years; one of the parents of disabled people since childhood, who raised them until they reach the age of 8 years: for men upon reaching the age of 55 years, for women upon reaching the age of 50 years, if they have an insurance period of at least 20 and 15 years, respectively; guardians of disabled people from childhood or persons who were guardians of disabled people from childhood, who raised them until they reached the age of 8 years, an old-age labor pension is assigned with a decrease in the age provided for in Article 7 of this Federal Law by one year for every one year and six months of guardianship, but not more than five years in total, if they have an insurance experience of at least 20 and 15 years, respectively, men and women;
2) women who have given birth to two or more children, upon reaching the age of 50, if they have an insurance record of at least 20 years and have worked for at least 12 calendar years in the Far North or at least 17 calendar years in equivalent areas;
3) disabled people due to military trauma: men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have an insurance period of at least 25 and 20 years, respectively;
4) visually impaired people who have a third degree limitation in their ability to work: men upon reaching the age of 50 years and women upon reaching the age of 40 years, if they have an insurance period of at least 15 and 10 years, respectively;
5) citizens with pituitary dwarfism (midgets) and disproportionate dwarfs: men upon reaching the age of 45 years and women upon reaching the age of 40 years, if they have an insurance period of at least 20 and 15 years, respectively;
6) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked for at least 15 calendar years in the Far North or at least 20 calendar years in equivalent areas and have an insurance record of at least 25 and 20 years, respectively .
For citizens who worked both in the Far North and in equivalent areas, a labor pension is established for 15 calendar years of work in the Far North. Moreover, each calendar year of work in areas equated to the regions of the Far North is counted as 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 and 6 months are assigned a labor pension with a reduction in the age established by Article 7 of this Federal Law by four months for each full calendar year of work in these regions. When working in areas equated to regions of the Far North, as well as in these areas and regions of the Far North, the provisions of the second paragraph of this subclause apply;
7) persons who have worked for at least 15 years as rescuers in professional emergency rescue services, professional emergency rescue units of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief and participated in emergency response, upon reaching the age of 40 years or regardless of age;
8) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they were employed in work with convicted persons as workers and employees of institutions executing criminal penalties in the form of imprisonment, respectively, for at least 15 and 10 years and have insurance experience at least 25 and 20 years, respectively;
9) men and women upon reaching the age of 50 years, if they have worked for at least 25 years in positions of the State Fire Service (fire protection, fire protection and emergency rescue services) of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Disaster Relief;
10) persons who have carried out teaching activities in state and municipal institutions for children for at least 25 years, regardless of their age;
11) persons who have carried out medical and other activities to protect public health in state and municipal health care institutions for at least 25 years in rural areas and urban-type settlements and for at least 30 years in cities, rural areas and urban-type settlements, or only in cities, regardless of their age;
12) persons who have carried out creative activities on stage in state and municipal theaters or theatrical and entertainment organizations (depending on the nature of such activities) for at least 15-30 years and have reached the age of 50-55 years or regardless of age;
: The interrelated regulatory provisions of subparagraphs 10, 11, 12 of paragraph 1 of Article 28 and paragraphs 1 and 2 of Article 31 of this document were recognized as not complying with articles (parts 1 and 2), (parts 1 and 2) and (parts 2 and 3) of the Constitution of the Russian Federation, establishing for persons who carried out teaching activities in institutions for children, medical and other activities to protect public health in health care institutions or creative activities on stage in theaters and theatrical entertainment organizations, as a condition for the assignment of an old-age labor pension before reaching retirement age, the implementation of this activities in the relevant state or municipal institutions - to the extent that in the system of current legal regulation of pension provision, these provisions do not allow persons engaged in teaching activities in institutions for children, medical and other activities to protect public health in health care institutions, creative activities on stage in theaters and theatrical and entertainment organizations, periods of implementation of these activities in institutions that are not state or municipal, which were included in the relevant length of service by previously applicable legislation, despite the fact that the legislative regulation of the procedure for maintaining and implementing pension rights already acquired by these persons as a result of long-term professional activity is still absent - Resolution of the Constitutional Court of the Russian Federation dated 06/03/2004 N 11-P
13) men upon reaching the age of 50 years, women upon reaching the age of 45 years, permanently residing in the regions of the Far North and equivalent areas, who have worked, respectively, for at least 25 and 20 years as reindeer herders, fishermen, and commercial hunters.
2. When assigning an old-age labor pension in accordance with subparagraphs 2, 6 and 13 of paragraph 1 of this article, the list of regions of the Far North and equivalent areas is applied, which was used when assigning state old-age pensions in connection with work in the Far North as of 31 December 2001.
3. Lists of relevant jobs, professions, positions, specialties and institutions (organizations), taking into account which an old-age labor pension is assigned in accordance with subparagraphs 7-13 of paragraph 1 of this article, the rules for calculating periods of work (activity) and assigning the said pension if necessary approved by the Government of the Russian Federation.
1. When determining work experience in the regions of the Far North and equivalent areas for the early assignment of an old-age labor pension in connection with work in the mentioned regions and localities, work that gives the right to an early assignment of an old-age labor pension in accordance with subparagraphs is equated to the specified work. 1 - 10 of paragraph 1 of Article 27 and subparagraphs 7 - 9 of paragraph 1 of Article 28 of this Federal Law, in the manner determined by the Government of the Russian Federation.
2. Persons who have worked for at least 15 calendar years in the regions of the Far North or at least 20 calendar years in equivalent areas and have the necessary for the early assignment of an old-age labor pension provided for in subparagraphs 1 - 10 of paragraph 1 of Article 27 and subparagraphs 7 - 9 Clause 1 of Article 28 of this Federal Law, the insurance period and length of service in the relevant types of work, the age established for the early assignment of the said pension are reduced by five years.
1. The amounts of labor pensions established before the entry into force of this Federal Law in accordance with the norms of the Law of the Russian Federation “On State Pensions in the Russian Federation” are recalculated in accordance with this Federal Law.
2. When applying this Federal Law, payment of contributions to state social insurance before January 1, 1991, the unified social tax (contribution) and the unified tax on imputed income for certain types of activities that took place in the period before the entry into force of this Federal Law is equivalent to payment of insurance contributions to the Pension Fund of the Russian Federation.
3. The estimated pension capital for determining the insurance part of labor pensions provided for by this article is established in accordance with Article 30 of this Federal Law.
4. If, when recalculating the amount of the labor pension in accordance with the norms provided for by this Federal Law, the amount of the specified pension does not reach the amount received by the pensioner on the day this Federal Law entered into force, the pensioner is paid a pension in the previous higher amount.
5. Indexation of the size of labor pensions provided for in this article is carried out in the manner determined by Article 17 of this Federal Law.
1. In connection with the entry into force of this Federal Law, the pension rights of insured persons as of January 1, 2002 are assessed by converting them into estimated pension capital using the formula:
PC = (RP - warhead) x T, where
PC - the amount of the estimated pension capital;
RP - the estimated amount of the labor pension determined for insured persons in accordance with paragraph 2 of this article;
BC - the amount of the basic part of the labor pension as of January 1, 2002 (450 rubles per month);
T is the expected period for payment of an old-age labor pension, equal to the same period to be applied when establishing a labor pension in accordance with this Federal Law (clause 5 of Article 14 and clause 1 of Article 32 of this Federal Law).
If, in accordance with paragraph 9 of this article, the assessment of the pension rights of insured persons is carried out simultaneously with the assignment of a disability labor pension to them, the specified expected period for payment of an old-age labor pension is subject to multiplication by the ratio of the normative duration of the disabled person's insurance period (in months) as of January 1, 2002 to 180 months (clause 3 of Article 15 of this Federal Law).
2. The estimated size of the labor pension is determined for men with a total work experience of at least 25 years, and for women with a total work experience of at least 20 years, according to the formula:
RP = SK x ZR/ZP x SZP, where
ZR - the average monthly earnings of the insured person for 2000-2001 according to individual (personalized) records in the compulsory pension insurance system or for any 60 consecutive months on the basis of documents issued in the prescribed manner by the relevant employers or state (municipal) bodies;
ZP - average monthly salary in the Russian Federation for the same period;
SZP - average monthly salary in the Russian Federation for the period from July 1 to September 30, 2001 for calculating and increasing the size of state pensions, approved by the Government of the Russian Federation;
SC - length of service coefficient, which for insured persons (except for disabled people with a disability of the first degree) is 0.55 and increases by 0.01 for each full year of total work experience in excess of the duration specified in this paragraph, but not more than by 0.20.
For these disabled people, the length of service coefficient is 0.30.
The ratio of the average monthly earnings of the insured person to the average monthly salary in the Russian Federation (ZR/ZP) is taken into account in an amount not exceeding 1.2.
For persons living in the regions of the Far North and equivalent areas (clause 2 of Article 28 of this Federal Law), in which regional coefficients for wages are established, the ratio of the average monthly earnings of the insured person to the average monthly wage in the Russian Federation (ZR/ZP) is taken into account in the following sizes:
not more than 1.4 - for persons living in the specified areas and localities in which a regional coefficient of up to 1.5 has been established for the wages of employees;
not more than 1.7 - for persons living in the specified regions and localities in which a regional coefficient of 1.5 to 1.8 is established for the wages of employees;
not more than 1.9 - for persons living in the specified areas and localities in which a regional coefficient of 1.8 or higher is established for the wages of employees.
In this case, if different regional wage coefficients are established, the wage coefficient in force in a given region or locality for workers and employees in non-production industries is taken into account.
For the persons specified in the first paragraph of subclause 6 of clause 1 of Article 28 of this Federal Law, the ratio of the average monthly earnings of a pensioner to the average monthly wage in the Russian Federation (ZR/ZP) is taken into account in the above amounts, regardless of the place of residence of these persons outside the regions of the Far North and equivalent areas to them.
Increases in pensions established by the legislation of the Russian Federation for certain categories of citizens as of December 31, 2001 (with the exception of the regional coefficient) are accrued to the calculated amount of the labor pension for the relevant persons (with the exception of persons entitled to additional material support in accordance with the legislation of the Russian Federation in a higher size).
The estimated size of the labor pension cannot be less than 660 rubles.
3. The amount of estimated pension capital with incomplete total work experience is determined based on the amount of estimated pension capital with full total work experience (25 years for men and 20 years for women), which is divided by the number of months of full total work experience and multiplied by the number of actual months existing total work experience.
4. For the purpose of assessing the pension rights of insured persons, the total length of service is understood as the total duration of labor and other socially useful activities before January 1, 2002, taken into account in calendar order, which includes:
1) periods of work as a worker, employee (including hired work outside the territory of the Russian Federation), member of a collective farm or other cooperative organization; periods of other work in which the employee, not being a worker or employee, was subject to compulsory pension insurance; periods of work (service) in paramilitary security, special communications agencies or in a mine rescue unit, regardless of its nature; periods of individual labor activity, including in agriculture;
2) periods of creative activity of members of creative unions - writers, artists, composers, cinematographers, theater workers, as well as writers and artists who are not members of the relevant creative unions;
3) service in the Armed Forces of the Russian Federation and other military formations created in accordance with the legislation of the Russian Federation, the United Armed Forces of the Commonwealth of Independent States, the Armed Forces of the former USSR, internal affairs bodies of the Russian Federation, foreign intelligence agencies, federal security service agencies, federal executive bodies authorities, which provide for military service, the former state security bodies of the Russian Federation, as well as in the state security bodies and internal affairs bodies of the former USSR (including during periods when these bodies were called differently), stay in partisan detachments during the civil period war and the Great Patriotic War;
4) periods of temporary disability that began during the period of work, and the period of being on disability of groups I and II, received as a result of an injury associated with production or an occupational disease;
5) the period of stay in places of detention beyond the period appointed during the review of the case;
6) periods of receiving unemployment benefits, participating in paid public works, moving in the direction of the employment service to another area and finding employment.
5. Conversion (transformation) of pension rights into the estimated pension capital of the insured persons specified in paragraph 1 of Article 27 and subparagraphs 7-13 of paragraph 1 of Article 28 of this Federal Law may be carried out at their choice in the manner specified in this article using instead of the general labor length of service (existing and full) length of service in the relevant types of work (existing and full).
For the purpose of assessing the pension rights of insured persons, length of service in the relevant types of work is understood as the total duration of periods of work before January 1, 2002, defined in paragraph 1 of Article 27 and subparagraphs 7-13 of paragraph 1 of Article 28 of this Federal Law. The period of being on disability of groups I and II, received as a result of an injury associated with production, or an occupational disease, is equivalent to the work at which the specified injury or disease was received.
At the same time, in order to calculate the estimated pension capital for the insured person, the expected period of payment of the old-age pension, determined in accordance with paragraph 1 of this article, is increased by the number of years missing when assigning an early pension to the age established by Article 7 of this Federal Law (for men and women respectively).
6. For persons who, as of December 31, 2001, were granted an old-age labor pension, a disability labor pension, a survivor's labor pension or a long-service labor pension in accordance with the Law of the Russian Federation "On State Pensions in the Russian Federation" , at their choice, the amount of one pension established by him is taken as the calculated amount of the labor pension, taking into account increases and compensation payments in connection with the increase in the cost of living in the Russian Federation using the appropriate regional coefficient, with the exception of allowances for care and disabled dependents.
If, at the choice of a pensioner, the assessment of his pension rights is carried out in accordance with paragraphs 1-5 of this article, to determine the estimated size of the labor pension, at the request of the pensioner, the amount of his average monthly earnings from which the established pension is calculated can be taken into account.
7. When assigning, starting from January 1, 2002, a labor pension in the event of the loss of a breadwinner in connection with the death of an insured person for whom an individual personal account was not opened, the estimated pension capital due to the deceased breadwinner is determined in the manner prescribed by this article in relation to persons who have become disabled, for the subsequent calculation of the insurance part of the labor pension in the event of the loss of a breadwinner to the relevant members of his family in accordance with paragraph 2 of Article 16 of this Federal Law.
8. Indexation of the estimated pension capital necessary to determine the insurance part of the labor pension is carried out in relation to the procedure provided for in paragraphs 7 and 8 of Article 17 of this Federal Law, for the entire period from January 1, 2002 to the day from which the specified part of the labor pension is assigned .
9. The assessment of the pension rights of insured persons as of January 1, 2002 is carried out by the bodies providing pension provision, simultaneously with the assignment of a labor pension in accordance with this Federal Law, but no later than 1 Federal Law and providing for the conditions and norms of pension provision, are applied in parts that do not contradict this Federal Law.
3. The conditions and norms for establishing pensions for cosmonauts and civil aviation flight test personnel, as provided for by regulatory legal acts, in force until the day this Federal Law enters into force are preserved. The specified conditions and norms are also applied when assessing the pension rights of cosmonauts and civil aviation flight test personnel in accordance with the norms of this Federal Law.
4. When establishing, before January 1, 2004, labor pensions due in accordance with this Federal Law to persons with disabilities of III, II and I degrees, the I, II and III disability groups are applied respectively.
1. When determining the size of the insurance part of the labor pension, starting from January 1, 2002, the expected period of payment of the old-age labor pension, provided for in paragraph 5 of Article 14 of this Federal Law, is established to last 12 years (144 months) and increases annually by 6 months (from January 1 of the corresponding year) until the age of 16 years (192 months), and then increases annually by one year (from January 1 of the corresponding year) until the age of 19 years (228 months).
2. For the persons specified in paragraph 1 of Article 27 and paragraph 1 of Article 28 of this Federal Law, the insurance part of the old-age labor pension is determined based on the expected period of payment of the old-age labor pension established in accordance with paragraph 1 of this article. Starting from January 1, 2013, this period is increased annually (from January 1 of the corresponding year) by one year, while the total number of years of such an increase cannot exceed the number of years missing in case of early assignment of a labor pension before the retirement age established by Article 7 of this Federal Law (for men and women, respectively).
3. When determining the size of the insurance part of the old-age labor pension in the manner provided for in paragraphs 6 and 7 of Article 14 of this Federal Law, starting from January 1, 2002, the expected period for payment of the old-age labor pension cannot be less than 10 years (120 months). Starting from January 1, 2009, the specified duration increases annually by 6 months (from January 1 of the corresponding year) until reaching 14 years (168 months).
The president
Russian Federation
V. PUTIN
Moscow Kremlin
The Zakonbase website presents the FEDERAL LAW of December 17, 2001 N 173-FZ (as amended on June 3, 2006) “ON LABOR PENSIONS IN THE RUSSIAN FEDERATION” in the most recent edition. It is easy to comply with all legal requirements if you read the relevant sections, chapters and articles of this document for 2014. To find the necessary legislative acts on a topic of interest, you should use convenient navigation or advanced search.
On the Zakonbase website you will find the FEDERAL LAW dated December 17, 2001 N 173-FZ (as amended on June 3, 2006) “ON LABOR PENSIONS IN THE RUSSIAN FEDERATION” in a fresh and complete version, in which all changes and amendments have been made. This guarantees the relevance and reliability of the information.
At the same time, you can download the FEDERAL LAW of December 17, 2001 N 173-FZ (as amended on June 3, 2006) “ON LABOR PENSIONS IN THE RUSSIAN FEDERATION” completely free of charge, both in full and in separate chapters.
The labor pension in the Russian Federation is assigned in accordance with Federal Law 173. The latest edition was adopted on 01/01/2016. The law is still in effect today, regulating the procedure for assigning new payments, as well as recalculating those already assigned.
– basic provisions
The law (Federal Law 173), which is in force today in its latest edition with amendments, determines the procedure for calculating seniority.
A labor pension is assigned to all citizens who have a state passport (or other identity document).
Article 12 (Law 173, latest edition and amendments) determines how the procedure for calculating length of service works. It is calculated on the basis of the calendar period of work, but at the same time, this Federal Law 173 determines that allowances can be taken from the calculation of special length of service (the procedure that applies to certain types of work) - for example, by providing the appropriate documents, a doctor, a miner, a factory worker, or someone who worked in the North can prove that with actual work of 10 years, 20 or more years of experience will be counted towards him (valid individually for each production). At the same time, the insurance part that the labor has will remain unchanged.
At the same time, Art. 17 states that a person can recalculate it (by providing the relevant documents) if:
- amendments were made to the Federal Law, on the basis of which a large payment was due,
- work experience has been added.
In addition, the changes that the latest edition has (Article 23, paragraph 1, subparagraph 1) clearly indicate that money is paid for this month (not for the previous month and not in advance). Also, having the appropriate documents, a third party can receive a pension by proxy.
Changes for 2016
The latest edition of Federal Law 173 on labor pensions in the Russian Federation has some changes. So, according to Article 11 of this Federal Law, payment is assigned including in the length of care for:
- disabled person;
- a person over 80 years of age.
The changes that the latest edition of Federal Law 173 has allows the citizen to choose the order in which the payment is made, or rather its type. So, a person has the right to choose the type where the amount of payment will be greater (Chapter 1, Article 4, Part 1 of Federal Law 173).
Insurance part according to the law on labor pensions - calculation
The law of the Russian Federation (Article 7) defines an old-age pension for men over 60 years old and women over 55 with at least 5 years of experience. Since the Constitution of the Russian Federation guarantees a minimum provision to all citizens, even if the length of service condition is not met, the rule on social pension will apply.
Law of the Russian Federation 173 (clause and subclause of Article 14) clearly defines the procedure for exactly how the labor pension is calculated. The insurance part (as determined by law) is equal to: the accumulated capital at the time of calculation divided by the number of months (most often it is 228) plus the addition of the insurance payment (In the Russian Federation, this amount is determined individually, but it is not less than 2562 rubles).
Benefits and documents for receiving benefits for pensioners according to the law
The law of the Russian Federation defines such benefits for older people who have the necessary experience to receive payments, such as: free travel, lower taxation when paying a fee for a land plot, the establishment of lower tariff rates, etc.
To receive benefits, a Russian pensioner must provide the following documents in accordance with the Federal Law:
- pension certificate confirming that there are labor accruals,
- passport,
- additional documents (labor veteran’s certificate, certificates if you have special experience, etc.).
Federal Law on labor pensions in the Russian Federation in the latest edition
The Federal Law on the basis of which a labor pension is assigned in the Russian Federation (latest edition and changes) can be viewed
