Analysis of the problems of providing pensions for long service. State pensions for long service. List of used literature

This publication is intended to highlight and outline ways to solve a problem that will arise more or less en masse in 10-15-20 years, when people who served in military service after 2001, but have not acquired the right to a long-service pension, reach retirement age. And when in due time they turn to the Pension Fund of the Russian Federation for a pension, they will discover with indignation that “something went wrong.”

Articles of law referred to in the text refer to the last mentioned law unless otherwise stated.

I recently visited the “Personal Account of the Insured Person” on the website of the Pension Fund of Russia, where I got acquainted with the data of individual personalized accounting. What we saw made us think hard about long-term prospects and ways to achieve a fairer (for ourselves) accounting of the right to a decent pension, taking into account the accumulated capital.

During my working career, pension legislation has already changed several times, in 2002 and 2015. At the same time, the analysis of changes in legislation revealed unpleasant aspects, which, however, will appear only in the distant future of more than 20 years.
The current Federal Law “On the status of military personnel” dated May 27, 1998 N 76-FZ (hereinafter referred to as Status ) according to its Preamble ... in accordance with the Constitution of the Russian Federation, defines ... the foundations of state policy in the field of legal and social protection ... citizens of the Russian Federation discharged from military service, and members of their families. According to Article 3 “Guarantees of legal and social protection of military personnel, citizens discharged from military service, and members of their families”:
3. Social protection... of citizens discharged from military service and members of their families is a function of the state and provides for:
...
- improvement of mechanisms and institutions for social protection of these persons;
- ... other measures aimed at creating living and activity conditions consistent with the nature of military service and its role in society.
Unfortunately, the Status does not contain rules governing pensions for military personnel.
The only rule relating to this aspect is contained in Article 10 “Right to work”:
3. The time citizens spend in military service under a contract is counted towards their total work experience, is included in the length of service of a civil servant and in the work experience in his specialty at the rate of one day of military service for one day of work, and the time spent by citizens in conscript military service (including officers called up for military service in accordance with the decree of the President of the Russian Federation) Federation) - one day of military service for two days of work. ...

The conditions for assigning pensions to military personnel are regulated by the norms of the Federal Law “On State Pension Provision in the Russian Federation” dated December 15, 2001 N 166-FZ, and then only in terms of pensions for long service, disability or loss of a breadwinner:
Article 8. Conditions for assigning pensions to military personnel and members of their families
1. Pension for long service... are assigned in the manner prescribed 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 criminal authorities -the executive system, and their families."

But what do people who were dismissed from military service without acquiring the right to seniority deserve?

What happened

Before 2002, this problem did not exist, because the current Law of the Russian Federation of November 20, 1990 N 340-1 “On state pensions in the Russian Federation” did not distinguish between civilian and military experience:

Other periods were also included in the total length of service, including service in the Armed Forces and other “security” structures (Article 90), and for conscription - at double the rate (Article 94)
The pension was calculated based on average monthly earnings for a certain period of time (Article 102), including the allowance of military personnel (Article 100).
An increasing coefficient was provided for each year of total work experience in excess of the minimum required (25 years) for the assignment of a pension (Articles 16, 17).

Moreover, the very definition of “ total work experience"was specified precisely in this Law (Article 88):
Taking into account total work experience, that is total duration of labor and other socially useful activities specified in this section of the Law, a pension is established...

According to Part 1 of Article 4 of the Status, the legal basis for the status of military personnel is not only this Federal Law, but also other federal laws. Therefore, it can be argued that at the time of adoption of the Status, it was the relationship between Part 3 of Article 10 of the Status and the specified articles of the Law “On State Pensions in the Russian Federation” that determined the pension rights of persons discharged from military service.

What happened

Since 2002, the norms of the Federal Law “On Compulsory Pension Insurance in the Russian Federation” dated December 15, 2001 N 167-FZ have been in force. The approach to pension provision has changed, placing at the forefront the accumulation of pension capital for a future pension individually by the employee himself, based on contributions made to pension funds (PFR and NPF). The concept of “cost of an insurance year” arose (Article 3)
the cost of an insurance year is the amount of funds approved by the Government of the Russian Federation, which is defined as the product of the minimum wage... and the rate of insurance contributions to the Pension Fund of the Russian Federation... However, The law did not apply to military personnel , because Insured persons can only be those working under an employment (civil law) contract (as well as some other categories, Article 7). Thus, federal executive authorities, in which military service is provided for by law, were exempt from paying insurance premiums.

In 2002-2014, the norms of the Federal Law of December 17, 2001 N 173-FZ “On Labor Pensions in the Russian Federation” were in force, in which the previous concept of “total length of service” disappeared, being replaced by another (Article 2):
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
Yes, the rule remains regarding the inclusion of military service time in the calculation of other periods (Article 11)
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, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families";
...But just... counting conscription service time(including officers) double the size imperceptibly “evaporated”!

Also The old norm about taking into account the pay of military personnel when calculating pensions also “evaporated” . Instead, only after the moment a citizen applies for a pension, the amount of accumulated pension capital will increase by the cost of the insurance year, multiplied by the duration of the non-insurance periods, in accordance with Articles 2 and 3 of the Federal Law “On Federal Budget Funds Allocated to the Pension Fund of the Russian Federation for Reimbursement of Costs of Payment of Insurance parts of the old-age labor pension, disability labor pension and survivor's labor pension for certain categories of citizens" dated March 21, 2005 N 18-FZ. However, this law only applies (in the part that interests us) to finance the period of conscription military service (in fact, its original name was " On federal budget funds allocated to the Pension Fund of the Russian Federation for reimbursement of insurance premiums for... the period of military service under conscription").

And only in 2011, the Federal Law “On pension guarantees for certain categories of citizens” dated June 4, 2011 N 126-FZ was adopted, which finally established that (Article 1)
Citizens of the Russian Federation who served in military service... or carried out activities (work) during which compulsory pension insurance did not apply to them, who were dismissed from service (from work) starting from January 1, 2002 and did not acquire the right to a pension for long service, for a disability pension or for monthly lifelong maintenance, financed from the federal budget, an old-age labor pension (including early) or a disability labor pension is established in the manner and on the conditions determined by Federal Law of December 17, 2001 N 173 -FZ “On Labor Pensions in the Russian Federation”, with the transformation of pension rights acquired during the specified period into calculated pension capital [RPK]. Funding for the PKK from the budget turned out to be similar to the previous one, i.e. based on the “cost of an insurance year” (Article 2), without taking into account the amount of monetary allowance and without doubling during conscription service. In other words, when assigning a pension for each year of service, the PKK would be replenished by an amount equal to the deduction of a person working “in civilian life” and receiving a monthly salary of 1 ( ONE! ) Minimum wage.

For comparison:
- at the end of 2002, when I began serving as a conscript officer, the minimum wage was 450 rubles, and my first pay was about 7,000 rubles, i.e. the ratio was 15 .
- at the end of 2009 at the time of dismissal, my average salary was about 18,650 rubles. with a minimum wage of 4330 rubles, i.e. the ratio became 4,3 .

What will happen

On January 1, 2015, Federal Law No. 400-FZ of December 28, 2013 “On Insurance Pensions” came into force, one of the new products of which was the point system for calculating the individual pension coefficient (IPC). In 2015, the coefficient (aka point) “1” corresponds to deductions from a monthly salary of 1 minimum wage (5965 rubles). Its norms somewhat improved the situation of the category of persons under consideration.

The period of military service is counted in the insurance period along with periods of work and (or) other activities (clause 1, part 1, article 12).
The coefficient for a full calendar year of another period counted towards the insurance period (the period of conscription military service), as well as periods of service and (or) activity (work) provided for by the Federal Law “On Guarantees of Pension Security for Certain Categories of Citizens” is 1. 8 (Part 12, Article 15).
The time of conscription service is not counted towards the insurance period in double amount.

It should be noted here that for former “conscripts” the established coefficient of 1.8 is more or less adequate, especially for those who (since 2008) served only 1 year. If we assume that the composition of a “conscript’s” allowance consists not only of the explicit part (payment of monetary allowance, which increased from 100 to 2000-4000 rubles), but also includes a non-monetary form (apparently, by some analogy with the Labor Code of the Russian Federation): the cost of food, uniforms and accommodation in the barracks, then the average salary of 10,791 rubles (9,388 without personal income tax) would just cover these costs.

Than the heart will calm down

As the analysis showed, the pension rights of persons discharged from military service under a contract, in terms of determining the IPC, are significantly infringed in comparison with persons who worked under an employment contract and who were paid wages in the same amount as their salary.

The norms of paragraph 2 of Article 31 of the Federal Law “On Labor Pensions in the Russian Federation” and Part 4 of Article 36 of the Federal Law “On Insurance Pensions” establish that
Federal laws adopted before the entry into force of this Federal Law and providing for the conditions and standards of pension provision are applied to the extent that they do not contradict this Federal Law.
However, according to Part 2 of Article 4 of the Status
Legal and social guarantees for military personnel, including measures of their legal protection, as well as material and other types of support provided for by this Federal Law, cannot be canceled or reduced by federal laws and other regulatory legal acts of the Russian Federation otherwise than by introducing amendments and additions to this Federal Law.
There is a conflict of legal acts of equal force, each of which also contains a norm that makes it more important than the others.

But there is “a ray of light in the dark kingdom.” After all Status is a special act , therefore it should be applied. In addition, when preparing new pension laws, the legislator was obliged to be guided by the rules that were still in force. But since no changes were made to Part 3 of Article 10 of the Status, we have legal leverage to reformat the situation.

1. Inclusion of double conscription service time in the insurance period

This may be necessary only in a fairly rare case, if there is not enough length of service to assign an insurance pension (Part 2 of Article 8 of the Federal Law “On Insurance Pensions”), because the minimum length of service for assigning an insurance pension will be increased from 6 years of insurance experience in 2015 to 15 years in 2024.

Since we are not talking about changing the size of the IPC, the norms of the current legislation should be sufficient to solve this problem.

2. Calculation of the IPC taking into account the received monetary allowance

Should be done according to the same rules as for those working under an employment contract, but:

taking into account the profit from investing PKK savings for each year in which deductions would have to be made
with an increase in pension payments by 1% for each year of conscription service.

But here an obstacle may arise - whether documents with salary calculations have been preserved in the archives, because this information was not required before and therefore there was no reason to store them. Then you will have to calculate it yourself indirectly, based on orders to establish/change/cancel salaries and various allowances.

Another obstacle is the fixed size of the IPC established by the Federal Law “On Insurance Pensions”. Apparently, the overcoming algorithm will be as follows:

Collect in the archives information about accrued cash allowance (ATS) for the period of service, and do your own calculation of ATS.
Apply to the Pension Fund of the Russian Federation for inclusion of information about other periods of labor activity (including the amount of personal income tax), without waiting for the retirement age (in accordance with Article 12 of the Federal Law of 01.04.1996 N 27-FZ "On individual (personalized) accounting in the system of compulsory pension insurance ");
File a lawsuit against the Pension Fund of the Russian Federation (since they are unlikely to accept AIT calculations, citing the firm IPC established by law)
Seek a request from the court itself to the Constitutional Court of the Russian Federation about the constitutionality of the above-mentioned norms limiting the calculation of the IPC taking into account the AIT in full (Article 101 of the Federal Constitutional Law of July 21, 1994 N 1-FKZ “On the Constitutional Court of the Russian Federation”), or apply to the Constitutional Court of the Russian Federation independently within a year after the refusal of the court decision comes into force (Articles 96, 97).

A good help is the Resolution of the Constitutional Court of the Russian Federation of July 10, 2007 No. 9-P, adopted in a similar situation, “In the case of verifying the constitutionality of paragraph 1 of Article 10 and paragraph 2 of Article 13 of the Federal Law “On Labor Pensions in the Russian Federation” and the third paragraph of paragraph 7 of the Rules accounting of insurance contributions included in the calculated pension capital..." and the Determination of the Constitutional Court of the Russian Federation dated November 20, 2007 N 798-О-О "At the request of the Pension Fund of the Russian Federation for an official clarification of the Resolution of the Constitutional Court of the Russian Federation dated July 10, 2007 N 9 -P ". Excerpts from the Definition:
2.1... Thus, from the contents of the Resolution... it clearly follows that starting from this date, the calculation of the insurance length of the insured workers and the determination of the size of the insurance part of their labor pension should be carried out taking into account all the periods of working activity they worked out on the date of establishment (recalculation) of the pension (but not earlier than from the date of entry into force of the Federal Law “On Labor Pensions in the Russian Federation”), including unpaid (partially paid) insurance premiums (regardless of when they took place - before or after July 10, 2007), reimbursement of the amounts and their transfer to the insurer must be ensured by the state in the amount required to be paid by the policyholder. ...

2.2... The imposition on the state of such an obligation, which arose and must be fulfilled from the moment of proclamation... of the Resolution..., is intended to guarantee that persons who performed paid work under an employment contract exercise their pension rights in full. Hence, carried out in accordance with this Resolution, a review of the size of the insurance portion of labor pensions assigned (recalculated) to these persons should ensure that it is established in the amount that the insured persons would have received by the time of this review if insurance premiums had been paid by the policyholder (employer) in their favor in full . ... Unfortunately, they cannot be applied directly to the problem under consideration, because they relate to the rights of persons working under employment contracts, and as stated above, military personnel are not included in this category. But the statement of claim must necessarily rely on them (by analogy).

Another option is to appeal to government agencies that have legislative initiative (President, Federation Council, State Duma, Government, federal bodies where the law provides for military service (Ministry of Defense, FSB, Ministry of Internal Affairs...)), within the framework of the Federal Law of 02.05. 2006 N 59-FZ "On the procedure for considering appeals from citizens of the Russian Federation", for changing the norm of Part 12 of Article 15 of the Federal Law "On Insurance Pensions".

For reference: abstract “Characteristics of the current pension legislation” (until 2014)

P.S. The following related problems are not considered here:

accrual of the IPC during the period of military training, because pension contributions are not deducted by the employer, although the job is retained and average earnings are paid. For the period of military training, a person acquires the status of a military personnel “in the cases and in the manner provided for by this Federal Law, federal laws and other regulatory legal acts of the Russian Federation” (Clause 2 of Article 2 of the Status), accordingly, the IPC can be accrued both for the period of military service, and may not be charged at all. Thus, if you earn more than 1.8 minimum wages and the total duration of training is up to 12 months during your stay in reserve, the arrears in the IPC can be noticeable.
accrual of the IPC if the conscript worked for some time and was called up with dismissal under clause 1 of the Labor Code of the Russian Federation. In this case, for example, if a citizen worked in government organizations, after dismissal he has the right to join the same organization and to a position no lower than the one held before conscription for military service (clause 5 of Article 23 of the Status). This situation is similar to the previous one in terms of the fairness of calculating the IPC based on average earnings lost due to conscription.

Social security is one of the main directions of development of any democratic, legal state. It is the social security institution that guarantees citizens and individuals pensions and benefits, including upon reaching a certain age.

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PAGE \* MERGEFORMAT 28

INTRODUCTION……………………………………………………………………………….3

CHAPTER 1. CHARACTERISTICS OF THE REGULATIVE FRAMEWORK GOVERNING THE PROCEDURE FOR RECEIVING STATE PENSIONS………………...5

1.1. Characteristics of basic concepts……………………………………………………5

1.2. Legal regulation of long-service pensions……………..7

CHAPTER 2. SPECIFICITY OF ASSIGNMENT OF PENSION FOR SERIOUS SERVICE...14

2.1. The position of long-service pension in the pension system in the Russian Federation: concept, meaning, specifics………………………14

2.2. Conditions, procedure for assigning and paying a pension for long service…………………………………………………………………………………17

CONCLUSION……………………………………………………………..22

LIST OF SOURCES USED……………………………24

APPENDIX……………………………………………………………….28

INTRODUCTION

Social security is one of the main directions of development of any democratic, rule-of-law state. It is the social security institution that guarantees citizens and individuals pensions and benefits, including upon reaching a certain age.

Basic Law of the Russian Federation The Constitution enshrines the state-guaranteed right of everyone to social security for age, disability, loss of a breadwinner (Part 1 of Article 39) 1 .

For more than ten years, the process of forming two main forms of exercising the human right to retire continues in our country: compulsory pension insurance and state pension provision.

Quite recently, there have been debates about the need to abandon the long-service pension and introduce a different concept - long-service benefits. Meanwhile, the legislator has not abandoned this formula, and the current legislation operates precisely with the category “pension for long service”.

This work is relevant because:

Firstly, the superannuation system needs to be looked at.

Secondly, it is important to analyze the features of the procedure for assigning and paying a pension for long service.

The purpose of this work is to explore the modern legal basis for the appointment and payment of state pensions for long service.

Precisely “modern” ones, because pension legislation is developing rapidly, researchers cannot keep up with it, and judicial practice is becoming outdated.

Based on the formulated goal, the following tasks can be set:

Reveal key concepts;
Explore the features of the legal regulation of long-service pensions;
Determine the position of the long-service pension in the pension system in the Russian Federation;
Analyze the specifics of assigning a pension for long service, including the conditions and procedure for assigning and paying pensions for long service.

The object of this study is social relations associated with the formation and functioning of the pension system.

The subject is the legal aspects of these problems, the current regulatory framework governing the procedure for assigning and paying state pensions for long service.

Research method: To achieve the research goal, general scientific methods were used: analysis (the legal framework was analyzed), private scientific legal methods: historical and legal, formal legal (allows us to define legal concepts).

At the end of the work, we can summarize the results of the research done and outline their implications in the modern pension system.

All current legislation, by-laws and departmental acts will be used in the work. The materials of the course work are based on commentaries on pension legislation, as well as periodicals.

The structure of the course work: consists of an introduction, which reveals the purpose, objectives, relevance of the work, object, subject of research. The main part consists of 2 chapters: 1 - general provisions for the appointment and payment of a pension for long service and 2 - the specifics of assigning a pension for long service; the course work also includes a conclusion, a list of sources used and an appendix.

CHAPTER 1 GENERAL PROVISIONS FOR ASSIGNMENT AND PAYMENT OF PENSIONS FOR SUCH YEARS OF SERVICE

Characteristics of basic concepts

Russian Federation pensions January 1, 2002

Long service pension- monthly cash payment assigned and paid in connection with certain types of professional activities, i.e. in the presence of special experience - length of service and without taking into account the actual state of working ability. For some categories of citizens, a long-service pension can be assigned regardless of age. In accordance with the Federal Law of the Russian Federation of December 15, 2001 No. 166-FZ “On State Pension Provision”, the following categories of citizens have the right to this type of pension 2 :

a) those employed in underground and open-pit mining;

b) in connection with work on ships of the fishing industry fleet, sea and river fleet;

c) worked in civil aviation;

d) in connection with work in professional emergency rescue services and units;

e) in connection with teaching activities in schools and other children's institutions;

f) in connection with medical and other activities in the field of healthcare;

g) in connection with creative work on stage in theaters and other theatrical and entertainment enterprises and groups. Lists of relevant professions and positions, taking into account which long-service pensions are assigned, are approved by the Government of the Russian Federation.

The condition that determines the right to a pension for citizens employed in underground and open-pit mining is that they have at least 25 years of experience in the relevant work, and for workers in leading professions in these jobs - at least 20 years (the assignment of a pension does not depend on age). A pension in connection with teaching activities in schools and other institutions for children is established for at least 25 years of service and does not depend on age. Pension in connection with medical and other work to protect public health depends on. where this activity took place: length of service must be at least 25 years in rural areas and at least 30 years in cities.

In connection with creative work on stage in theaters and other theatrical and entertainment enterprises and groups, a long-service pension. is established for length of service of 15, 20, 25, 30 years, depending on its nature. The conditions for granting a pension for long service in connection with work in civil aviation are differentiated depending on the specific type of activity. If the right to a pension in connection with work in flight and flight test personnel arises only with a certain special length of service, then the assignment of a pension for years of service in connection with work in air traffic control and work in engineering and technical personnel for aircraft maintenance also depends on general experience and age.

If the length of service is equal to the required one, the pension amount is 55% of earnings; For each full year of service in excess of the required amount, the pension increases by 1% of earnings (limit - 75%). The pension for workers engaged in underground and open-pit mining is set at 75% of earnings. The minimum amount of this pension is determined at the level of the minimum old-age pension. Maximum - at the level of the general maximum old-age pension (3 minimum old-age pensions).

The long-service pension is paid subject to leaving the job for which it was assigned (if any other work is performed, it is paid in full). Workers engaged in underground and open-pit mining, as well as education workers engaged in teaching activities, health care workers (in rural areas) are paid this pension in full, regardless of the nature of the work.

In accordance with the Law of the Russian Federation of December 12, 1993 No. 4468-1 “On pension provision for persons who served in military service, service in internal affairs bodies and their families,” the right to a Pension for long service is granted to 3 :

a) faces. having on the day of dismissal from service a length of service in military service and (or) in the service in the internal affairs department of 20 years or more (if they have the required length of service, they are assigned a pension regardless of age on the day of dismissal from service);

b) persons dismissed from service upon reaching the age limit for being in service or for health reasons or in connection with organizational and staffing measures, if they reached 45 years of age on the day of dismissal and have a total work experience of 25 calendar years or more, of which at least 12.5 years of military (or police service) service. The size of such a pension may be increased for persons who are disabled. Supplements have been established for some categories of citizens

1.2. Legal regulation of long-service pensions

N 216-FZ Hierarchy of sources aimed at regulating the procedure for assigning and paying pensions for long service 4 :

International acts,

The Russian legal system, in accordance with Part 4 of Article 15 of the Constitution, also includes generally recognized principles and norms of international law and international treaties of the Russian Federation.

The current pension legislation establishes the priority of International Treaties of the Russian Federation in the field of pension provision. In case of conflict between the norms of labor legislation and the norms of international treaties, the rules of the corresponding international treaty of the Russian Federation should be applied.

International treaties of the Russian Federation in the field of pension provision should include the Conventions of the International Labor Organization ratified by the Russian Federation, for example, “Agreement on guarantees of the rights of citizens of member states of the Commonwealth of Independent States in the field of pension provision” - Key Act “Agreement on mutual offset in the total length of service and length of service in the bodies and institutions of the prosecutor’s office in the CIS member states.”

Other international agreements can also be highlighted, for example, the Agreement on guarantees of the rights of citizens of the CIS member states in the field of pensions, concluded by Russia on March 13, 1992 with Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Uzbekistan and Ukraine, Agreement between the Government of the Russian Federation and the Government of the Republic of Lithuania on pensions, signed on June 29, 1999 and ratified by the Russian Federation by Federal Law of April 16, 2001 No. 43-FZ and others.

The next group of acts are federal legislative acts. Along with the Law “On State Pension Security in the Russian Federation”, the following can be distinguished:

Federal Law of November 27, 2001 No. 155-FZ on additional social security for members of flight crews of civil aviation aircraft;
Federal Law of July 21, 1997 No. 114-FZ “On service in the customs authorities of the Russian Federation”, Law of the Russian Federation of February 12, 1993 No. 4468-I “On pension provision for persons who served in military service, service in internal affairs bodies , State Fire Service, authorities for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families" (as amended and supplemented on December 1, 2014 N 397-FZ)

Each of these legislative acts regulates the specifics of calculation, assignment and payment of long-service pensions to certain categories of employees (workers).

Along with legislative acts, it is necessary to highlight by-laws: acts of the President of the Russian Federation and the Government of the Russian Federation. It is important to emphasize that this group of acts can only be adopted in pursuance of federal legislation, and therefore should not contradict it.

Among the Decrees of the President of the Russian Federation we can highlight:

Decree of the President of the Russian Federation of November 19, 2009 No. 1311 On approval of the list, correspondence of individual government positions, the federal civil service and government positions of federal civil servants, as well as positions of the federal state civil service in relation to official salaries, according to which the amount of the pension is calculated for length of service. Decree of the President of the Russian Federation of November 10, 2000 No. 1864 on the Peculiarities of the Application of the Decree of the President of the Russian Federation of August 16, 1995 No. 854 on certain social guarantees for persons holding government positions in the Russian Federation and government positions in the federal civil service when determining the amount of the monthly supplement to state pension for persons who held the positions of assistant to a member of the Federation Council and assistant to a deputy of the State Duma of the Federal Assembly of the Russian Federation (as amended and supplemented on October 5, 2002)
Decree of the President of the Russian Federation of March 15, 1999 No. 350 issues of the Special Objects Service under the President of the Russian Federation (as amended and supplemented on January 22, February 25, 2003)

According to paragraph 1 of Art. 114 and Part 1 of Article 15 of the Constitution of the Russian Federation The Government of the Russian Federation exercises the powers vested in it, including Federal laws, on the basis and in pursuance of which it issues decrees and orders. Similar responsibilities of the Government of the Russian Federation are enshrined in Art. Art. 22 and 23 of the Federal Constitutional Law on the Government of the Russian Federation of December 17, 1997 No. 2-FKZ 5 .

Regulations on calculating length of service for assigning pensions to employees;
Customs authorities, taking into account the specifics of serving in the customs authorities of the Russian Federation (approved by Decree of the Government of the Russian Federation of February 2, 1998 No. 103) (as amended on January 5, 2000, February 15, 2001, May 15, 2003) ;
Decree of the Government of the Russian Federation of March 4, 2002 No. 141 on some issues of implementation of the Federal Law on State Pension Security in the Russian Federation;
Decree of the Government of the Russian Federation of April 28, 2003 No. 247 on the organization of the appointment, recalculation of the amount, payment and delivery of long-service pensions for federal civil servants, monthly additional payments to pensions for certain categories of citizens.

In practice, disputes arise from time to time regarding the recognition of certain Resolutions of the Government of the Russian Federation aimed at regulating the assignment of long-service pensions as contrary to federal legislation.

It is important to emphasize that in order for departmental acts to have legal force, they must be registered with the Ministry of Justice of the Russian Federation and officially published. Accordingly, acts that have not been registered and published have no legal force.

Meanwhile, the presence of a large number of regulations aimed at regulating the procedure for assigning and paying long-service pensions (and, above all, acts of the Government of the Russian Federation and departmental acts) often gives rise to disputes about the recognition of certain provisions of these acts as contrary to the Constitution of the Russian Federation or federal legislation .

The preamble and paragraph 1 of Article 3 of the Federal Law of May 27, 1998 on the status of military personnel for military personnel and citizens discharged from military service establishes a unified system of legal and social protection, as well as material and other types of support, taking into account the military positions held and assigned military ranks , the total duration of military service, including in preferential terms, the tasks performed, the conditions and procedure for their military service.

In accordance with Article 19 of the Constitution of the Russian Federation, the state guarantees equality of human rights and freedoms before the law and the court.

Based on the indicated constitutional provisions and norms of law, the Military Collegium comes to the conclusion that military personnel discharged from military service and entitled to receive a pension should accordingly have an equal right to preferential calculation of length of service for service under special conditions.

In accordance with Part 3 of Article 55 of the Constitution of the Russian Federation, the rights and freedoms of man and citizen may be limited by federal law only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, and ensure the defense of the country and state security.

The Law of the Russian Federation on pension provision for persons who served in military service, service in internal affairs bodies, institutions and bodies of the penal system, and their families does not establish such restrictions.

On the contrary, the provision of this law on counting the time of service under special conditions into length of service for the purpose of granting a pension in preferential terms is imperative.

In accordance with the norms of the current criminal and penal legislation, a citizen may be deprived of rights, benefits and freedoms or limited in them only in the execution of a criminal punishment imposed by a court verdict.

Judicial practice, including in cases regarding the procedure for assigning and paying long-service pensions, is becoming increasingly important. And despite the fact that judicial practice is not a source of law (as in countries with the Anglo-Saxon legal system), it is applied by lower courts when considering specific cases.

In conclusion, we can conclude that the Federal Law “On State Pension Security” provides for the possibility of establishing similar pensions for civil servants of the constituent entities of the Russian Federation and municipal employees at the expense of the constituent entities of the Russian Federation and local governments in accordance with the regulatory legal acts of the constituent entities of the Russian Federation and local authorities self-government.

Regulatory legal acts of these subjects of law may establish standards other than those provided for in the Federal Law “On State Pension Security”. Meanwhile, sometimes subjects abuse their powers.

CONCLUSIONS TO CHAPTER 1

The Russian pension system is a set ofRussian Federationlegal, economic and organizational institutions and norms aimed at providing citizens with material support in the form pensions . The Russian pension system in its modern form was introduced with January 1, 2002 and includes relations on the formation, assignment and payment of the following types of pensions: labor pension, state pension, non-state pension.

The legal regulation of the appointment and payment of long-service pensions is based on dozens of multi-level regulations. The key of them, as noted, is the Federal Law of December 15, 2001 No. 166-FZ on state pension provision in the Russian Federation (as amended and supplemented on July 21, 2014 N 216-FZ Hierarchy of sources aimed at regulating the procedure for assigning and paying pensions for long service:

International acts,
Federal legislative acts
By-laws.

CHAPTER 2. SPECIFICS OF ASSIGNMENT OF PENSION FOR LEGAL SERVICE

2.1. The position of long-service pension in the pension system in the Russian Federation: concept, meaning, specifics

In connection with the adoption and entry into force on January 1, 2002 of the Federal Law of December 15, 2001 No. 166-FZ “On state pension provision in the Russian Federation,” a long-service pension is established for federal civil servants in addition to the old-age (disability) pension, provided for by Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation”.

At the same time, in accordance with the Decree of the Government of the Russian Federation of March 4, 2002 No. 141 “On some issues of the implementation of the Federal Law “On State Pension Provision in the Russian Federation”, citizens of the Russian Federation from among the persons holding public positions and public positions of federal civil servants, those receiving, as of December 31, 2001, a monthly supplement to the state pension in accordance with Decree of the President of the Russian Federation of August 16, 1995 No. 854, a long-service pension was established from January 1, 2002.

As it was It is emphasized above that from January 1, 2002, federal civil servants are granted long-service pensions in place of previously established additional payments (established by Decree of the President of the Russian Federation). The legal basis for long-service pensions for Federal civil servants is fixedin the Federal Law of December 15, 2001 N 166-FZ “On state pension provision in the Russian Federation”.

According to the provisions of this Law, this type of pension is not independent.

Let us define a long-service pension. The current legislation does not contain a legal concept of this type of pension, but a systematic analysis of the norms of pension legislation allows us to formulate such a concept.

A long-service pension is recognized not only as a monthly cash payment established in addition to the old-age labor pension assigned in accordance with the Law on Labor Pensions (clause 2, Article 7 of the Federal Law “On State Pensions in the Russian Federation”, but also compensation for lost earnings (income) in connection with the termination of public service, compensation for damage caused to health during military service.

Clause 2 of Article 7 of the Federal Law “On State Pensions in the Russian Federation”, the long-service pension is established in addition to the old-age (disability) insurance pension assigned in accordance withFederal law"On insurance pensions", and is paid simultaneously with it.

Once again, it can be emphasized that a pension for long service can be established only upon reaching the age required for the assignment of an old-age labor pension, including an assigned one.

However, a long-service pension can be granted early:

The impossibility of employing an unemployed person dismissed due to the liquidation of an organization or a reduction in numbers or staff, but not earlier than 2 years before the statutory retirement date. When establishing the specified old-age pension, the issue of assigning a long-service pension can also be resolved. In this case, to assign a long-service pension, it is necessary to have unemployed status, i.e., the citizen is required to officially register with the state employment service in order to find a suitable job;
Upon determination of disability.

In accordance with Article 5 of the Law, civil servants and military personnel have the right to a pension for length of service (Article 19 of the Federal Law “On the Fundamentals of Civil Service of the Russian Federation” and Article 13 of the Law on Pension Provision for Persons Who Have Served in Military Service). A long-service pension for military personnel and persons equivalent to them performing military service under a contract is assigned in the manner prescribed by the Law on Pensions for Persons Who Have Served in Military Service.

A state pension can be assigned and paid only in accordance with the Federal Law “On State Pension Security in the Russian Federation”.

2.2. Conditions, procedure for assigning and paying a long-service pension

The legislator associates the emergence of the right to a long-service pension with the presence of the required length of service (length of service) of the employee (employee).

As a rule, in practice, the main difficulty lies in calculating the length of service for assigning a pension for long service. Thus, if for civil servants such length of service is set at no less than 15 years, then for flight test personnel it is no less than 25 years. Customs officers must have 20 years or more of experience; customs officers dismissed from service upon reaching the age limit, for health reasons or illness, or in connection with organizational and staffing measures and who have reached 45 years of age on the day of dismissal, having a total work experience of 25 calendar years or more, of which Service in the customs authorities is at least 12 years and 6 months.

In accordance with the Law of the Russian Federation of February 12, 1993 No. 4468-I “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 criminal authorities - the executive system, and their families" the right to a pension for length of service is granted to employees who, on the day of dismissal from service, have length of service in military service and (or) in service in internal affairs bodies, and (or) in service in the State Fire Service, and (or) in service in the authorities for control over the circulation of narcotic drugs and psychotropic substances, and (or) in service in institutions and bodies of the penal system for 20 years or more; these are persons dismissed from service upon reaching the age limit for being in service, for health reasons or in connection with organizational and staffing measures and who have reached the age of 45 on the day of dismissal, having a total work experience of 25 calendar years or more, of which at least 12 years six months is military service and (or) service in the internal affairs bodies, and (or) service in the State Fire Service, and (or) service in the authorities for control over the circulation of narcotic drugs and psychotropic substances, and (or) service in institutions and bodies of the penal system.

Features of calculating the length of service of certain categories of employees and workers are determined by special regulations. In particular, it is necessary to highlight: Resolution of the Government of the Russian Federation of February 20, 1995 No. 155 “On the procedure for calculating length of service, assigning and paying pensions and benefits to persons who served in the federal tax police bodies and their families”; Decree of the President of the Russian Federation dated March 15, 1999 No. 350 “Issues of the Special Objects Service under the President of the Russian Federation” (as amended and supplemented on January 22, February 25, 2003); List of positions and institutions in which work is counted towards length of service, giving the right to early assignment of an old-age labor pension to persons who carried out teaching activities in state and municipal institutions for children, in accordance with subparagraph 10 of paragraph 1 of Article 28 of the Federal Law "On Labor Pensions" in the Russian Federation" (approved by Decree of the Government of the Russian Federation of October 29, 2002 No. 781)etc., including departmental acts: Order of the Ministry of Defense of the Russian Federation dated August 17, 2002 No. 315 “On measures to ensure social security of military personnel and civilian personnel of the Armed Forces of the Russian Federation serving in military service or working at the Baikonur cosmodrome and in . Leninsk, and members of their families" (as amended and supplemented on October 14, 2003).

It should also be noted that separate legislative acts establish preferential calculation of length of service. For example, the Law “On the Fight against Terrorism” establishes a preferential calculation of length of service (Article 22 of the Law): for military personnel and employees of federal executive authorities serving (have served) in units directly engaged in the fight against terrorism, in length of service for the purpose of pensions, one day of service is counted as one and a half days, and during participation in a counter-terrorist operation - one day of service for three days (unless the legislation of the Russian Federation provides for a more preferential calculation of length of service).

Thus, when calculating the length of service of a particular employee, it is necessary to take into account the peculiarities of calculating length of service for this category of employees.

In order to study in more detail the procedure and conditions for assigning a long-service pension, it is worth considering this procedure using the example of civil servants (regulated by the Federal Law “On State Pension Provision in the Russian Federation” and a number of other regulations).

In accordance with Article 7 of the above Law, the conditions determining the right of federal civil servants to a long-service pension include:

a) have at least 15 years of civil service experience;

b) dismissal from the federal public service on one of the following grounds:

Liquidation of federal government bodies, other government bodies formed in accordance with the Constitution and federal laws, as well as staff reduction in federal government bodies, their apparatus, other government bodies established in accordance with the Constitution and federal laws;

Dismissal from positions approved in the manner established by the legislation of the Russian Federation for the direct execution of the powers of persons holding government positions in the Russian Federation, in connection with the termination of their powers by these persons;

Reaching the age limit for holding a position in the federal civil service. According to the provisions of paragraph 3 of Art. 25 of the Federal Law "On the Fundamentals of the Civil Service of the Russian Federation" the age limit for holding a public position in the civil service is 60 years. By decision of the head of the relevant state body, a one-time extension of the period of stay in the civil service is allowed, but no more than until the federal civil servant reaches 65 years of age, for persons occupying the highest, main and leading public positions in the civil service and who have reached the age limit for being in the civil service;

Inconsistency with the position being filled in the federal public service due to health status;

Dismissal at your own request due to retirement;

c) holding a position in the federal civil service for at least 12 full months immediately before dismissal.

The legislator does not link the right of a civil servant to this type of pension provision with the person reaching a certain age. At the same time, a long-service pension can be established only upon reaching the age required for the assignment of an old-age labor pension, including one assigned ahead of schedule.

A long-service pension can also be established in addition to a disability retirement pension, the conditions for the appointment of which are defined in Art. 8 of the Law on Labor Pensions.

CONCLUSIONS

Until January 1, 2002, in accordance with Decree of the President of the Russian Federation of August 15, 1995 No. 854, monthly additional payments to the state pension assigned on the basis of the Law of the Russian Federation “On State Pensions” were established for persons holding public positions of federal civil servants and public positions in the civil service In Russian federation".

In connection with the adoption and entry into force on January 1, 2002 of the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation,” a long-service pension is established for federal civil servants in addition to the old-age (disability) pension, provided for by Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation”.

CONCLUSION

At the end of this course work, we can summarize the following results of the research:

Persons entitled to a labor pension may be entitled to the following types of old-age and disability pensions, which consist of basic, insurance and funded parts, as well as in the event of loss of a breadwinner, consisting of basic and insurance parts.

Insurance length of service is 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 Russia, as well as other periods counted as insurance length of service.

Work experience is the total duration of periods of work and other activities taken into account when determining the right to certain types of pensions under state pension provision, which are counted in the insurance period for receiving a pension.

One of the basic social security institutions is the long-service pension.

A long-service pension is a payment established in addition to the old-age (disability) pension assigned in accordance with the Labor Pensions Law.

Years of service of a specified duration serve as a legal fact that gives the right to a pension (regardless of age, subject to dismissal from work in connection with which the pension is awarded).

The range of subjects entitled to a long service pension is quite wide. It includes: workers employed in jobs with special working conditions; civil aviation workers; persons engaged in medical and other work to protect public health; artists and other categories of creative workers; military personnel; civil servants.

The legislator associates the emergence of the right to a long-service pension with the availability of the required length of service by the employee. As a rule, in practice, the main difficulty lies in calculating the length of service for assigning a pension for long service. Thus, if for civil servants such length of service is set at no less than 15 years, then for flight test personnel it is no less than 25 years. Customs officers must have 20 years or more of experience, etc.

Separate legislative acts may establish preferential calculation of length of service for long-service pensions.

The conditions and procedure for assigning a long-service pension largely depend on the specifics of pension provision for specific categories of employees.

LIST OF SOURCES USED

Normative legal acts

1. Russian Federation. Constitution (1993). Constitution of the Russian Federation [Text]: official. text. - 2014 .-31 p.- ISBN 5-94462-025-0.

2. Russian Federation. Laws. On state pension provision in the Russian Federation No. 166. [Text]: federal. Law: (Adopted by the State Duma on November 30, 2001: approved by the Federation Council on December 5, 2001) as amended. as of January 1, 2015

3. Russian Federation. Laws. On additional social security for members of flight crews of civil aviation aircraft No. 155. [Text]: federal. Law: (Adopted by the State Duma on October 25, 2001: approved by the Federation Council on November 14, 2001) as amended. as of January 1, 2015

4. Russian Federation. Laws 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 N 4468-I. [Text]: federal. Law (Adopted by the State Duma on February 12, 1993) as amended. as of January 1, 2015

5. Russian Federation. By-laws Regulations on the calculation of length of service for the assignment of pensions to customs officials, taking into account the specifics of service in the customs authorities of the Russian Federation No. 103 (Adopted by decree of the Government of the Russian Federation of February 2, 1998) as amended on February 19, 2010

6. Russian Federation. By-laws.- Decree of the Government of the Russian Federation. On some issues of implementation of the Federal Law: On state pension provision in the Russian Federation No. 141 as amended as of March 25, 2015

7. Russian Federation. By-laws. - Decree of the Government of the Russian Federation. On the organization of the appointment, recalculation of the amount, payment and delivery of long-service pensions for federal civil servants, monthly additional payments to pensions for certain categories of citizens No. 247, as amended on March 25, 2013.

8. Russian Federation By-laws. The rules for applying for a long-service pension for federal civil servants, its appointment and payment were approved by a resolution of the Ministry of Labor of the Russian Federation as amended. as of February 19, 2008

9. Russian Federation. Regulations. Instruction on the conditions and procedure for preferential calculation of length of service for flight personnel of customs authorities No. 799 dated July 26, 2002

Scientific methodological literature

10. Kutepova, Ksenia Olegovna. Everything about pensions: types, conditions of assignment, size / K. O. Kutepova, A. G. Stepanov. - 7th ed., rev. .- Moscow: Omega-L Publishing House, 2014 - 141 pp. table; 20 cm - In the region. in the subtitle: conditions for the assignment of labor pensions, their types and calculation, insurance and general length of service, length of service, the right to early assignment of pensions.

11. Volkova, Victoria Vladimirovna. Legal foundations of social protection of civil servants: pensions for length of service, lifelong maintenance of judges: educational and practical manual for students of higher educational institutions studying in specialty 030501 "Jurisprudence" / V.V. Volkova, I.V Kardanova. - Moscow: UNITY-DANA: Law and Law, 2013 - 383 pp. table; 22 cm - Bibliography: p. 334-344.

12. Mikhailenko, Yulia Anatolyevna. All about pensions: types, conditions of assignment, size / Yu. A. Mikhailenko. - 6th ed., rev. .- Moscow: OMEGA-L, 2008 - 143 pp. table; 20 cm - In the region. in the subtitle: grounds for changing the size of the pension, periods included in the insurance and general length of service, periods included in the length of service, regional coefficients in the regions of the Far North and equivalent areas.
13.Bushkevich, Vasily Nikolaevich. Calculation of length of service for assigning a percentage bonus for length of service in the internal affairs bodies of the Russian Federation: lecture / V. N. Bushkevich; Ministry of Internal Affairs of Russia, Vseros. institute for advanced training of employees of the Ministry of Internal Affairs of Russia. - Domodedovo: All-Industrial Complex of the Ministry of Internal Affairs of Russia, 2004.-20 p.; 21 cm - Bibliography: p. 19.

14. Bezrukova O.N. Early retirement pensions for old age and long service pensions: terminology and legal nature // International interuniversity scientific and practical conference of students and graduate students: Traditions and innovations in the system of modern Russian law. Collection of abstracts. - M.: Publishing house MGYuA, 2009. - P. 336-338.

15. Efremov A.V. On some current legal issues that arise when assigning a pension for long service, taking into account the period of service in law enforcement agencies // Law in the Armed Forces. - M.: For the rights of military personnel, 2014, No. 1. - P. 74-80.

16. Koryakin V.M. An increase in long-service pension for disabled people due to military trauma and monthly monetary compensation to compensate for damage caused to their health have a different legal nature (commentary to the resolution of the Constitutional Court of the Russian Federation // Law in the Armed Forces. - M.: For the Rights of Military Personnel, 2014, No. 7. - pp. 2-5.

17. Grankin K.V. Correlation of the grounds and conditions of the right to a pension for length of service // Current problems of private law: collection of articles. - Tomsk: Publishing house Tomsk. state University of Control Systems and radioelectronics, 2012. - pp. 56-59.

18. Istomina E.A. Current issues of pension provision for length of service in the state civil and municipal service // Current problems of public law: collection of scientific articles. Vol. 1: General issues of the theory of state law. - Ekaterinburg, 2010. - pp. 111-115.

Internet resources

19. Information and legal portal Garant [Electronic resource]. Access mode: http://www.garant.ru, free.

20. Legal reference system ConsultantPlus [Electronic resource]. Access mode: http://www.consultant.ru, free.

21. Publication of the Government of the Russian Federation Rossiyskaya Gazeta [Electronic resource]. Access mode: http://www.rg.ru, free.

22. Publication of the Federal Assembly of the Russian Federation Parliamentary newspaper [Electronic resource]. Access mode:http://www.pnp.ru/,free.

4 Russian Federation. Laws. On state pension provision in the Russian Federation No. 166. [Text]: federal. Law: (Adopted by the State Duma on November 30, 2001: approved by the Federation Council on December 5, 2001) as amended. as of January 1, 2015

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Introduction

2. Legal status of persons entitled to a long service pension

2.1 Legal status of a state civil servant

2.2 The range of citizens entitled to a long service pension and the conditions for its appointment

3. Procedure for assigning a pension for long service

3.1 Conditions for granting pensions for long service

3.2 Procedure for appointment and payment of long-service pension

Conclusion

pension length of service provision regulation

Introduction

Relevance of the research topic. In the Russian Federation, persons, if there are appropriate grounds, have the right to receive a certain type of pension. This right occupies a crucial position in the entire social security system of the country's population.

From January 1, 2015, pension provision on the territory of the Russian Federation is carried out in accordance with the norms of Federal Laws No. 400-FZ “On Insurance Pensions” and No. 166-FZ “On State Pension Provision”.

Pension provision for citizens is a comprehensive system that operates on the basis of state legislative acts adopted to protect citizens during difficult periods of their life.

The Basic Law of the Russian Federation - the Constitution - enshrines the state-guaranteed right of everyone to social security for age, disability, and loss of a breadwinner.

The relevance of the thesis lies in the fact that social security is one of the main directions of development of any democratic, rule-of-law state. It is the social security institution that guarantees citizens and individuals pensions and benefits, including for length of service.

Until 2001, the pension system in Russia was pay-as-you-go and was entirely based on the principle of generational solidarity. This means that pensions for pensioners were paid from the transferred contributions of working citizens.

The distribution system is most effective when there are at least three working citizens per pensioner. At a ratio of one to two, the system becomes financially unstable.

The pension reform is aimed at changing the existing distribution system for calculating pensions, supplementing it with a funded part and personalized accounting of the state’s insurance obligations to each citizen.

The main objective of the pension reform is to achieve long-term financial balance of the pension system, increase the level of pension provision for citizens and create a stable source of additional income to the social system.

The essence of the pension reform is to change the relationship between employee and employer: to increase the employer's responsibility for paying insurance premiums for each employee. The previously existing pension system did not give the worker the opportunity to earn a normal pension; it only redistributed funds between groups with different income levels and from one region to another. Whereas the new pension model is much more insurance and takes into account the pension rights of citizens depending on the size of their salaries and pension contributions paid.

The pension is formed by contributions from the employer, which are made by the employer throughout the working life of the insured persons in the form of taxes. For each working citizen, the employer pays insurance contributions to the Pension Fund.

Since 2012, the rate of insurance contribution paid to the Pension Fund has been 22%.

The reform of the pension system was caused by a number of shortcomings of the previously existing system. These are the low size of pensions, little consideration of the contribution of those who earn a lot and make large pension contributions, the complexity and complexity of pension legislation and the impossibility of calculating everyone’s pension in advance.

The reform, which comes into force in 2016, completely abolishes the ruble accrual system familiar to all citizens. From now on, future pensioners will calculate their pension in points - a standardized unit of measurement of pension benefits. The cumulative point system is calculated for each pensioner individually, depending on the length of service and complexity of the job.

The degree of development of the problem. Domestic researchers have been actively studying the problems of pension provision since the beginning of its functioning; naturally, researchers of the post-Soviet era did not stand aside. Among domestic researchers we can highlight the following: Golikova L.V., Gontmakher E.I., Gudkov A.V., Dzhanchurina A.S., Lelchuk A.L., Lublin Yu.Z., Orlov-Karba P.A. ., Tabakh A.O., Roik V.D., Yakushev L.P. In general, the problem of pension provision in Russia is currently open for discussion. At the same time, the study of theoretical aspects of the problem of assigning pensions for long service is given great attention by young scientists, for example Matveev D.A.

The purpose of the thesis is to research and analyze the legal basis for the appointment and payment of state pensions for long service. To achieve this goal, it is necessary to solve the following tasks:

Study the concept and types of pensions for long service;

Consider the circle of citizens entitled to a long service pension;

Specifics of assigning a pension for long service.

The subject is the legal aspects of these problems, the current regulatory framework governing the procedure for assigning and paying state pensions for long service.

The object of this study is social relations associated with the formation and functioning of the pension system.

The theoretical basis for this work was the theoretical concepts and developments in the field of long-service pensions both in the Russian Federation and in previous periods of the history of our Fatherland.

Information and empirical base. Normative legal acts, administrative and regulatory documents in the field of long-service pensions were used as sources of information.

The project used methods of systemic and comparative analysis, the method of moving from the abstract to the concrete.

The scientific significance lies in the generalization of theoretical views on pension provision in the system of practical application of the procedure for assigning pensions for long service.

The practical significance lies in the possibility of implementing the main results of research and development in multifunctional centers and other similar institutions.

1. General provisions on long-service pensions

1.1 Evolution of legal regulation of pension provision for citizens

The pension model in force before January 1, 2002 was based on the fact that contributions collected from working citizens were redistributed among pension recipients. With the tariff for pension contributions established in Russia (28%), in order to ensure the amount established by law with a minimum length of service (20 years for women and 25 for men) in the amount of 55% of average monthly earnings, contributions from two workers are required to ensure payments to one pensioner.

However, for one pensioner there were less than two workers - one and a half (or three workers for two pensioners). In addition, not all able-bodied Russians were employed and, therefore, not all paid contributions to the pension system. Of the 63 million workers, only 49.8 million were employees and paid about 400 billion rubles in insurance premiums per year. The remaining 13 million people were self-employed and paid only about 4 billion rubles in contributions. As a result, after deducting them, there were actually 1.28 workers per pensioner. Which, naturally, was extremely insufficient to ensure the required volume of revenue. Due to unfavorable changes in the ratio of workers and pensioners, the level of pensions in Russia was low and the pension tariff was high compared to other countries.

Since the birth rate is not predicted to increase in the coming years, we should expect a further reduction in the number of workers and an increase in the number of pensioners. By 2020, their number is expected to equalize, and there will be one retiree for every worker. In the future, there will be less than one working person per pensioner.

Given this unfavorable forecast, it was impossible to place hope in the previously existing distribution system and rely on the possibility of modernizing or improving it. It was necessary to create a new system capable of compensating for the impending deterioration of the demographic situation. And first of all, the addition of the distribution system with such elements as an insurance reserve, designed to compensate for the reduction in the number of workers in the future by accumulating part of the contributions of future pensioners in the form of their personalized pension capital. It is for this purpose that the structure of the pension rights of workers under 50 years of age for men and 45 for women, as part of the pension reform launched in January 2002, provided for the allocation of part of the tariff (from 2 to 6%) for accumulation.

The mechanism for calculating pensions under the previously existing pension model was as follows:

Monthly deductions in the amount of 28% of a man’s salary were multiplied by 12 months and 25 years, and then the result was divided by the average period of retirement, which, according to statistics, was 17 years (or 204 months) in 2001. Thus, the pension of a man who had completed a full career in the current pension model was underfunded by almost 19% or 1/3.

The pension of women with minimal experience was financed to an even lesser extent. Since this length of service was 20 years, with the same calculation procedure, the woman earned resources only for a pension in the amount of 33% of her salary. This means that a gap formed between the obligations of the law and the financial capabilities to fulfill them, which had to be covered by some other resources. As is the 19% gap for men.

As you can see, this system could hardly be called fair and effective V.P. Galaganov. Organization of work of social security bodies: Textbook. - M.: Publishing Center "Academy", 2012. - 176 p.; .

As M.Yu. writes Zurabov, the old pension model did not create any interest among workers in paying pension contributions from the full amount of their salary. As a result, in 2000 - 2001. Pension contributions were paid only on 35% of the population's actual income, the remaining 65% were in the shadow. As a result, contributions to the Pension Fund, which should have been 28% of the federal wage fund, in fact barely exceeded 10% of it.

Whereas the new pension model assumes a relationship between the size of the pension and the amount of insurance contributions paid. This will force workers to abandon shady schemes for obtaining high wages. Part of the pension insurance contributions for those workers who have more than 10 years left until retirement (2 - 3% in 2002 and up to 6% in 2006 of their wage fund) is intended to create a reserve for their future pensions Gorshkov A.V. Social security law. - M.: Omega - L, 2011. - 166 p.; .

Thus, the new pension model is the same distribution model as the one in force before January 2002. And the bulk of the funds entering the pension system in the form of taxes and contributions are and will be spent on paying pensions to those who are already on pensions. well-deserved rest.

At the same time, there are serious differences between the two distribution models. Let's consider the most significant of them.

First difference:

In the old model, salaries over 2 thousand rubles were not taken into account when assigning a pension and were sent for redistribution - in favor of those who receive less (although a tariff of 28% is charged on the full salary). And when assigning a pension, earnings for only part of the years of work experience were taken into account.

In the new model, salaries are taken into account in full and throughout the entire length of service. Only half of the tariff - 14% - will be used for redistribution. The second half (14%) accumulates in the form of pension obligations of the state to a specific employee. In other words, the new model, while remaining distributive, is complemented by personalized accounting and accumulation of a citizen’s pension rights and state pension obligations.

The second difference:

The old system was basically a social welfare system and therefore was not so much distributive as redistributive - both between groups with different income levels, and between regions - donors, who contribute more to the pension system than they receive from it, and regions - recipients, paying pensions through subsidies from the Pension Fund. As a result, in almost 40 regions of Russia the average pension is close in size to the regional average salary. And in large donor regions, pensions lag significantly behind the pensioner’s subsistence level.

The new pension model is to a much greater extent an insurance model, in which the size of the pension depends on wages. Only one part of the pension, called the basic one, plays a redistributive function. It should be gradually raised to the level of the living wage of a pensioner. The rest of the pension is insurance and takes into account the pension rights of citizens depending on the size of their salaries or pension contributions paid.

Difference three:

The old pension model would sooner or later create a generational conflict. Since the ability of the state to fulfill its obligations to pensioners depended on the ratio of workers and pensioners (through the contributions of two workers, a pension was paid to one pensioner), then, while maintaining the old model and the worsening demographic situation in Russia, all that remained was to increase the pension tariff. And it has already become a heavy burden on the economy.

The new model allows us to create conditions for partnership between generations. In it, younger, working generations provide the entire pension tax and the bulk of pension contributions for the payment of pensions to current pensioners and those who will retire in the future. And the pensions of today's young people, when they reach retirement age, will also be financed to a decisive extent by contributions from future generations. But due to the predicted future decrease in the number of workers in relation to the number of pensioners, the new pension model will include a personalized reserve to compensate for the relative fall in income of the pension system with the impending deterioration of the demographic situation.

Based on the above, one thing can be stated: the new model is not a radical refutation of the old model, but simply a fairly serious modification of it. But this modification makes it possible to preserve the positive aspects of the old model that are needed by society and at the same time to replace its outdated, negative elements that undermine confidence in the pension system with new ones that meet the characteristics of the first decades of the twentieth century, when the new model will work in full Machulskaya HER. Social security law. - M.: Yurayt, 2010. - 592 p.; (calculation of pension in accordance with the new pension model is given in Appendix 1).

A.S. Nazarov formulated the following basic principles for reforming the pension system:

Halving the rate of the unified social tax for pension purposes and transferring it to the federal budget. Financing from these funds the basic part of the pension in an amount that does not depend on length of service and earnings;

Introduction of insurance contributions to the Pension Fund at the level of 14% of payments in favor of the employee with a regressive reduction in the insurance rate from the amount of payments exceeding 100 thousand rubles. in year;

Individual accounting of pension capital (the amount of pension contributions in favor of each insured person). Determining the size of the insurance part of the pension by dividing the pension capital by the expected period of payment of the old-age pension;

Conversion of pension rights acquired by the time of the reform into pension capital, based on the estimated pension amount determined according to the norms of previous legislation;

Directing part of insurance contributions (up to 6% of payments in favor of workers born in 1967 and younger and up to 2% of payments in favor of workers who have at least 10 years left before reaching retirement age) for accumulation. Accounting for these amounts, together with the income from their placement, in a special part of the insured’s personal account. Determining the size of the funded part of the pension based on the amount of pension savings and the expected period of pension payment Mironova T.K. Social security law. - M.: Knorus, 2010. - 312 p.; .

1.2 The concept of general characteristics of a long-service pension

Currently, many developed countries are faced with problems of pension provision for their citizens. Low pensions, increasing pension burden on the working population, instability of pension systems, lack of sufficient financial support - all this speaks to the need for serious reform of pension systems in these countries.

Similar problems exist in Russia, and directions for further improvement of the Russian pension system are the subject of lively debate. This is due to the fact that the problem of choosing a pension system for the country relates to strategic, basic issues of life of several generations, and therefore requires the use of approaches and methods that are more complex in nature than those used to solve current problems. See: Bykovskaya Yu.V. On issues of reforming the pension system in internal affairs bodies // Social and pension law. 2011. No. 4. - P.10. . At the same time, the pension system must be able to maintain at least a stable ratio between the amount of pensions and wages. In this case, the relative position of pensioners compared to workers does not worsen. See: Gurvich E.T. Assessing the prospects of the current pension system // SPERO. 2008. No. 8. - P.42-43. .

Maintaining this very balance “lies on the shoulders” of the working-age population, which, with its taxes and contributions, replenishes the state budget, from which various types of pensions and social benefits are paid. As a result, the main interest of the state should be to ensure conditions for maintaining the predominance of the working-age population over the number of people younger and older than working age. Otherwise, the state budget will not have enough funds to provide pensions for the population of this state.

Statistics from the last decade indicate a steady decline in the birth rate and, as a consequence, an increasing number of disabled people. This means that every year the burden on the working population is constantly growing. At the moment, the number of workers in Russia still exceeds the number of people unable to work (~60% versus 40%, respectively), but since this problem cannot continue indefinitely, the state is obliged to find ways to solve the current situation See: Russia in numbers 2010 - P.82. .

Some experts note that the state pension pension is defined as - a monthly government cash payment assigned and provided to citizens as compensation for lost earnings, income, or as compensation for harm caused to health in certain cases. At the same time, the state pension pension acts as compensation for lost earnings and income when a citizen is dismissed from the federal state civil service upon reaching the length of service established by law upon entering an old-age (disability) pension; upon retirement for length of service of citizens from among the cosmonauts or from among the flight test personnel. Compensation for harm caused to health, a state pension pension is in case of harm to the health of citizens during military service, as a result of radiation or man-made disasters, in the event of disability or loss of a breadwinner, upon reaching the age established by law. See, for example: Belyaninova Yu.V. Commentary on the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation” (item-by-item) // SPS ConsultantPlus. .

Subp. 1 clause 1 art. 5 Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision” (hereinafter - Law No. 166-FZ) distinguishes such a separate type of pension as a long-service pension. A pension for long service is usually called a state guarantee of material support for persons who have served in military service, ensuring the maintenance of appropriate material wealth and their social status upon leaving service at the request of the citizen himself or due to objective circumstances preventing its continuation, including when the citizen is no longer responsible increased requirements that are imposed on persons undergoing military service See: Fateev K.V., Kharitonov S.S. Article: On the problems of pension provision for citizens discharged from military service - P.42. . In relation to this type of pension, it is advisable to highlight the following concepts.

Concept civil service of the Russian Federation is given in the Federal Law of May 27, 2003 No. 58-FZ “On the civil service system of the Russian Federation”, where this type of service is defined as the professional official activity of citizens to ensure the execution of the powers of the Russian Federation; federal government bodies, other federal government bodies; subjects of the Russian Federation; government bodies of the constituent entities of the Russian Federation, other government bodies of the constituent entities of the Russian Federation; persons holding positions established by the Constitution of the Russian Federation, federal laws for the direct execution of the powers of federal government bodies; persons holding positions established by the constitutions, charters, laws of the constituent entities of the Russian Federation for the direct execution of the powers of state bodies of the constituent entities of the Russian Federation.

The concept of “civil service of the Russian Federation” is closely related to such concepts as “length of service in the state civil service” and “official salary”.

The length of service in the state civil service is the total duration of periods of civil service and other activities, taken into account when determining the right to a pension of federal state civil servants and when calculating the amount of this pension.

In the length of service (total duration) of the civil service, in order to establish a monthly bonus to the official salary for length of service, determine the duration of the annual additional paid leave for length of service and the amount of incentives for impeccable and effective civil service, the following periods are included:

Civil service positions, military positions and law enforcement positions;

Government positions;

Municipal service positions;

Elected positions in local governments;

Other positions in accordance with federal laws See: Clause 1, Art. 54 Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation.” .

Special length of service (length of service) is a mandatory condition for the payment of this type of pension. General provisions (including length of service) are regulated by Law No. 166-FZ; the payment of a long-service pension is specified in separate Laws for each type of profession. For example, in relation to military personnel, the grounds, conditions and amount of payments are established by the Law of the Russian Federation of February 12, 1993 No. 4468-1 “On pension provision for persons who served in military service, service in internal affairs bodies, the state fire service, drug control agencies and psychotropic substances, institutions and bodies of the penal system, and their families.”

The official salary is understood as the monthly salary of a federal civil servant in accordance with the position of the federal state civil service he fills, the official salary of a federal civil servant established by decrees of the President of the Russian Federation See: Art. 2 Federal Law dated December 15, 2001 No. 166-FZ “On State Pension Provision”. .

A distinctive feature of the long service pension is its dependence on the amount of special length of service (length of service), regardless of reaching retirement age. For federal government civil servants and persons from among flight test personnel, a long-service pension is established in addition to the old-age (disability) labor pension and is paid simultaneously with it. See: Clause 2 of Art. 7 and paragraph 4 of Art. 7 2 Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision”. . It is these features that indicate the compensatory nature of this type of pension for work in particularly difficult working conditions for persons who will be discussed in the next chapter of this work.

1.3 Legal regulation of long-service pensions

The legal regulation of the appointment and payment of long-service pensions is based on dozens of multi-level regulations. The key of them, as noted, is the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation” Federal Law of December 15, 2001 No. 166-FZ (as amended on November 28, 2015, with amended on May 23, 2016) “On state pension provision in the Russian Federation” // Collection of Legislation of the Russian Federation.-2001.-No. 51.-P.4831. .

Let's build a hierarchy of sources aimed at regulating the procedure for assigning and paying pensions for long service: firstly, international acts, secondly, federal legislative acts, thirdly, by-laws.

In the Russian legal system in accordance with Part 4 of Art. 15 of the Constitution also includes generally recognized principles and norms of international law and international treaties of the Russian Federation.

The current pension legislation establishes the priority of international treaties of the Russian Federation in the field of pension provision. In case of conflict between the norms of labor legislation and the norms of international treaties, the rules of the corresponding international treaty of the Russian Federation should be applied.

International treaties of the Russian Federation in the field of pension provision should include ILO Conventions ratified by the Russian Federation, for example, “Agreement on guarantees of the rights of citizens of member states of the Commonwealth of Independent States in the field of pension provision” Agreement between the Government of the Russian Federation and the Government of the Republic of Lithuania on pension provision (Moscow, June 29, 2011) // Collection of legislation of the Russian Federation. - 2011. - No. 41. - P. 3889. . Key act - “Agreement on mutual offset in the total work experience and length of service in the bodies and institutions of the prosecutor's office in the CIS member states” (Moscow, November 25, 1998) Agreement on mutual offset in the total work experience and length of service in the authorities and prosecutorial institutions in the member states of the Commonwealth of Independent States (Moscow, November 25, 2012) // Bulletin of International Treaties. - 1999. - No. 1.-P.27-31. .

There is also judicial practice of applying international provisions. Here's an example:

In case 01-1/5-99, it was necessary to interpret the application of Part 1 of Article 2 of the Agreement of May 15, 1992 in connection with the ambiguous interpretation by state bodies when calculating length of service for assigning pensions to military personnel living in the territory of the CIS member states and who had previously served in the territories of the former union republics of the USSR. The disagreements concerned, in particular, the question that the legislation of which state - the place of residence of the serviceman (and, therefore, the assignment of a pension) or the place of service should be applied in the preferential calculation of length of service for a serviceman for the period of his service in the Armed Forces of the USSR in the territories of the former union republics , as well as the possibility of applying the legislation of the participating state at the place of service of the serviceman (namely the Republic of Kazakhstan), if it establishes a basis for preferential calculation of length of service, which was not provided for by the legislation of the former USSR during the period of which the serviceman served.

The Economic Court, having studied the current legislation of the CIS member states, came to the conclusion that when a state party to the Agreement of May 15, 1992 assigns a pension to a military serviceman, his service in another state party to the Agreement is counted as length of service, including in preferential terms, on the basis legislation of that other State adopted both before and after the signing of the Agreement of May 15, 1992.

As for the procedure for calculating length of service, defined by part 1 of Article 2 of the Agreement of May 15, 1992, the Economic Court considered that it should apply to military personnel who served in the territories of other states party to the Agreement of May 15, 1992, including during the period of their entry into the USSR, and exercising the right to pension provision after the state of the place of service has adopted the relevant legislation.

Other international agreements can also be highlighted, for example, the Agreement on guarantees of the rights of citizens of the CIS member states in the field of pensions, concluded by Russia on March 13, 1992 with Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Uzbekistan and Ukraine, Agreement between the Government of the Russian Federation and the Government of the Republic of Lithuania on pension provision, signed on June 29, 1999 and ratified by the Russian Federation by Federal Law of April 16, 2001 No. 43-FZ, etc.

The next group of acts are federal legislative acts. Along with the Law “On State Pension Security in the Russian Federation”, the following can be distinguished:

ѕ Federal Law of November 27, 2001 No. 155-FZ “On additional social security for members of flight crews of civil aviation aircraft”;

* Federal Law of July 25, 1998 No. 130-FZ “On the Fight against Terrorism” (as amended and supplemented by August 7, 2000, November 21, 2002, June 30, 2003);

* Federal Law of July 21, 1997 No. 114-FZ “On Service in the Customs Authorities of the Russian Federation” (as amended and supplemented on August 7, November 7, 2000, December 29, 30, 2001, June 30, July 25, December 31, 2002, June 30, 2003);

Law of the Russian Federation of February 12, 1993 No. 4468-I "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 criminal executive systems, and their families" (as amended and supplemented on November 28, December 27, 1995, December 19, 1997, July 21, 1998, June 1, 1999, December 6, 2000, April 17, December 30, 2001, January 10, March 4, May 29, June 12, 30, July 25, 2002, January 10, June 30, 2003) etc.

Each of these legislative acts regulates the specifics of calculation, assignment and payment of long-service pensions to certain categories of employees (workers).

Among the Decrees of the President of the Russian Federation we can highlight:

* Decree of the President of the Russian Federation dated March 29, 2001 No. 374 “On recalculating the amount of the monthly supplement to the state pension for persons holding government positions in the Russian Federation, government positions in the federal civil service, and persons holding positions in government bodies and administration of the USSR and RSFSR";

ѕ Decree of the President of the Russian Federation of November 10, 2000 No. 1864 “On the specifics of the application of the Decree of the President of the Russian Federation of August 16, 1995 No. 854 “On certain social guarantees for persons holding government positions in the Russian Federation and government positions in the federal public service” when determining the amount of the monthly supplement to the state pension for persons who held the positions of assistant to a member of the Federation Council and assistant to a deputy of the State Duma of the Federal Assembly of the Russian Federation" (as amended and supplemented on October 5, 2002) Decree of the President of the Federal Civil Service" when determining the amount of the monthly supplement to state pension for persons who held the positions of assistant to a member of the Federation Council and assistant to a deputy of the State Duma of the Federal Assembly of the Russian Federation" // Collection of Legislation of the Russian Federation. - 2010. - No. 46. - P. 4545. Russian Federation dated November 10, 2000 No. 1864 (as amended on October 5, 2002) “On the peculiarities of the application of the Decree of the President of the Russian Federation dated August 16, 1995 No. 854 “On some social guarantees for persons holding government positions in the Russian Federation” Federations and government positions;

* Decree of the President of the Russian Federation dated March 15, 1999 No. 350 “Issues of the Special Objects Service under the President of the Russian Federation” (as amended and supplemented on January 22, February 25, 2003) Decree of the President of the Russian Federation dated March 15, 1999 No. 350 (as amended on July 25, 2014) “Issues of the Special Objects Service under the President of the Russian Federation” // Collection of Legislation of the Russian Federation. - 2012. - No. 12. - P. 1453. .

According to paragraph "g" of Part 1 of Art. 114 and part 1 of Art. 15 of the Constitution of the Russian Federation The Government of the Russian Federation exercises the powers vested in it, including Federal laws, on the basis and in pursuance of which it issues decrees and orders. Similar responsibilities of the Government of the Russian Federation are enshrined in Art. 22 and 23 of the Federal Constitutional Law "On the Government of the Russian Federation" dated December 17, 1997 No. 2-FKZ.

As an example, we focus on individual acts of the Government of the Russian Federation:

* Decree of the Russian Federation of September 22, 1993 No. 941 “On the procedure for calculating length of service, assigning and paying pensions and benefits to persons who served in military service as officers, warrant officers, midshipmen and military personnel on extended service or under contract as soldiers, sailors, sergeants and foremen or service in internal affairs bodies, the State Fire Service, institutions and bodies of the penal system and their families in the Russian Federation" (as amended on March 31, 1994, February 20, March 14, June 26, November 20, 1995 3, April 15, May 1, October 31, 1996, April 5, October 31, 1999, January 6, February 22, July 14, August 26, September 4, 15, October 12, 2000, 31 July 2001, February 26, April 18, June 7, October 1, November 21, 2002, August 8, November 12, 2003);

* Regulations on the calculation of length of service for the purpose of pensions for customs officials, taking into account the specifics of service in the customs authorities of the Russian Federation (approved by Decree of the Government of the Russian Federation of February 2, 1998 No. 103) (as amended on January 5, 2000, February 15 2001, May 15, 2003) Decree of the Government of the Russian Federation of February 2, 1998 No. 103 (as amended on April 27, 2015) “On the procedure for calculating length of service for the appointment and payment of pensions and benefits to persons who served (worked) in the customs authorities of the Russian Federation, and their families" // Collections of legislation of the Russian Federation. - 1998. - No. 6. - P. 737. ;

* Decree of the Government of the Russian Federation of March 4, 2002 No. 141 “On some issues of implementation of the Federal Law “On State Pension Security in the Russian Federation”;

* Decree of the Government of the Russian Federation of April 28, 2003 No. 247 “On organizing the appointment, recalculation of the amount, payment and delivery of long-service pensions for federal civil servants, monthly supplements to pensions for certain categories of citizens” Decree of the Government of the Russian Federation of April 28, 2003 No. 247 (ed. 03/25/2013) “On the organization of the appointment, recalculation of the amount, payment and delivery of long-service pensions for federal civil servants, monthly additional payments to pensions for certain categories of citizens” // Collection of Legislation of the Russian Federation. - 2003. - No. 18. - S. 1719. .

Here's an example:

The Military Collegium of the Supreme Court of the Russian Federation, having considered in open court a civil case on R.'s application for recognition as illegal (ineffective) from the date of adoption of paragraphs 15 and 16 of Section 2 of Appendix 1 of the Resolution of the Council of Ministers - Government of the Russian Federation "On the procedure for calculating length of service, appointment and payment of pensions and benefits to persons who served in military service as officers, warrant officers, midshipmen and military personnel of extended service or under contract as soldiers, sailors, sergeants and foremen or service in internal affairs bodies, institutions and bodies of the penal system, and their families in the Russian Federation" dated September 22, 1993 N 941 in terms of establishing the period from which service in the territory of the Primorsky and Khabarovsk territories is counted as length of service on preferential terms with the words "in the rest of the territory - from January 1, 1985", established:

R. appealed to the Supreme Court with the above requirements, considering that the time period established by the Government of the Russian Federation, from which military service is counted towards length of service on preferential terms for the assignment of a pension, violates the federal laws of the Russian Federation, his rights and legitimate interests provided for in Part 2 Art. 6, part 2 art. 19, part 1 art. 21, part 3 art. 37, part 2 art. 39, Art. 55 and 56 of the Constitution of the Russian Federation.

In addition, according to the applicant, the laws of the Russian Federation “On pension provision for persons who served in military service, service in internal affairs bodies, institutions and bodies of the penal system, and their families” dated February 12, 1993 N 4468-1 and “On state guarantees for persons working and living in the regions of the Far North and equivalent areas" dated February 19, 1993 N 4520-1 The Government of the Russian Federation is not given the right to establish the time period from which service in the Primorsky and Khabarovsk Territories should be counted as length of service on preferential terms.

The Military Collegium of the Supreme Court of the Russian Federation finds R.'s application not subject to satisfaction for the following reasons.

In accordance with Art. 18 of the Law of the Russian Federation "On pension provision for persons who served in military service, service in internal affairs bodies, institutions and bodies of the penal system, and their families", establishing the procedure for calculating length of service for assigning a pension (including the time of service in special conditions and time of the beginning of preferential calculation) by persons who served in military service, in accordance with parts 2 and 3 of this article, falls within the exclusive competence of the Government of the Russian Federation.

The legal basis for establishing the procedure for calculating length of service, assigning and paying pensions is the Resolution of the Council of Ministers

Government of the Russian Federation dated September 22, 1993 N 941 and Appendices NN 1 and 2 thereto.

According to Appendix No. 1, the List of localities of the Russian Federation in which the service of military personnel is counted towards length of service for the purpose of granting a pension on preferential terms includes Primorsky and Khabarovsk territories.

At the same time, service in the indicated regions in accordance with paragraphs 15 and 16 of section II of the list for military personnel in the remaining territory of the Primorsky and Khabarovsk territories is counted on preferential terms - one month of service for one and a half months from January 1, 1985.

An analysis of the above legislative and regulatory acts allows us to come to the conclusion that establishing the period from which service in the Primorsky and Khabarovsk territories is counted as length of service on preferential terms does not violate the applicant’s rights to pension provision.

The Government of the Russian Federation, when adopting a normative act regulating the procedure for calculating the time of service under special conditions and the start time of preferential calculation of length of service for the purpose of a pension, acted within the limits of its powers and exclusive competence established by the Law.

Contrary to the applicant’s assertion, the contested norm does not contradict the Constitution of the Russian Federation, the Laws of the Russian Federation “On pension provision for persons who served in military service, service in internal affairs bodies, institutions and bodies of the penal system, and their families” dated February 12, 1993 N 4468 -1 and “On state guarantees for persons working and living in the regions of the Far North and equivalent areas” dated February 19, 1993 N 4520-1, as it determines the procedure for calculating length of service on preferential terms for assigning pensions to persons who have served in the military service, and not the procedure for calculating length of service, taking into account which pension provision is carried out on a general basis.

The procedure for assigning and paying long-service pensions is regulated by a huge number of departmental acts.

Basic act - new Rules for applying for a long-service pension for federal civil servants, its appointment and payment were approved by Resolution of the Ministry of Labor of the Russian Federation of June 30, 2003 No. 44, which comes into force on October 1, 2003. Resolution of the Ministry of Labor of the Russian Federation of June 30, 2003 No. 44 (as amended on February 19, 2008, as amended on February 18, 2016) “On approval of the Rules for applying for a long-service pension for federal civil servants, its appointment and payment” // Pension. - 2003. - No. 9. - P.7-21. .

Along with the Rules, the following can be highlighted:

* Order of the Ministry of Defense of the Russian Federation dated July 4, 1996 No. 284 “On preferential calculation of length of service for assigning pensions to certain categories of military personnel”;

* Order of the State Customs Committee of the Russian Federation dated April 25, 2003 No. 457 “On the organization of work on calculating length of service for employees of the customs authorities of the Russian Federation”;

* Instructions on the conditions and procedure for preferential calculation of length of service for flight personnel of customs authorities (approved by Order of the State Customs Committee of the Russian Federation dated July 26, 2002 No. 799) Order of the State Customs Committee of the Russian Federation dated July 26, 2002 No. 799 “On preferential calculation of length of service for flight personnel customs authorities" // Bulletin "Customs Gazette". - 2002. - No. 11.-S. 7. .

We have listed only a few basic departmental acts, but in practice there are dozens of similar acts issued by various ministries and departments.

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Faculty of Secondary Professional Education (College)

PCC General professional legal disciplines and professional modules

Specialty: Law and organization of social security

COURSE WORK

in the discipline Social Security Law

Long service pension

Head of work Rev. Dabaghyan A.A.

Nizhny Novgorod

Moscow University named after S.Yu. Witte

Faculty of Secondary Professional Education (College)

Specialty: 40.02.01 “Law and organization of social security”

ASSIGNMENT FOR COURSE WORK

Topic: Long service pension

Completed by 2nd year student, KND038/15-9 grade, Efremov Rinat Ramilevich

Head of work Rev. Dabagyan A.A

Introduction

Main part

Conclusion

Bibliography

Course work schedule

On the topic: Long service pension

Student(s) _2_ year gr. __________________ full-time education at the Faculty of Secondary Professional Education (College)

Name of stages and sections of course work	Deadlines for completing work stages	Notes
1. Selection and preliminary acquaintance with literature
2. Drawing up a work plan and agreeing it with the manager
3. Step-by-step writing of the term paper text:
Introduction
Main part
Theoretical part


Practical part

Conclusion
Bibliography
4.Presentation of the draft coursework to the supervisor
5. Finalization of the text of the course work in accordance with the supervisor’s comments
6. Checking work in the Anti-Plagiarism system
7.Getting feedback from your manager
8. Formation of coursework in electronic and paper form
9. Preparation for defense (preparation of a report, computer presentation, handouts)
10. Defense of course work
Student ____________________ "_____"_________________20___	Supervisor __________________ "_____"________________20___

Introduction

Chapter 2. Judicial practice

2.1 Analysis of judicial practice

Conclusion

Bibliography

Introduction

The relevance of research. Pension provision in Russia is one of the most important types of social security. The right to receive a pension is one of the fundamental rights that are enshrined in the Constitution of the Russian Federation.

Some categories of the population have benefits when applying for pensions, which are associated with retirement based on length of service. However, in recent years, in connection with the reform of the pension system, many controversial issues have arisen regarding the design of long-service pensions. Therefore, today, it is important to study the features of long-service pensions.

An important role in the state protection of the rights and freedoms of citizens is played by the judiciary. Judicial statistics on the consideration of disputes in courts of general jurisdiction indicate an increased number of appeals from citizens regarding their violated pension rights after the introduction of a new pension.

The object of the study is pension provision.

The subject of the study is long-service pensions.

The purpose of the study is to determine the features of assigning a long-service pension.

Research objectives:

1) reveal the features of legislative regulation of long-service pensions

3) conduct an analysis of judicial practice;

4) develop ways to improve the current legislation in the field of long-service pensions.

The normative basis of the study was: the Constitution of the Russian Federation, Federal laws on the topic of research and many others.

The methodological basis of the study was the works of A. Kolesnik, A.K. Solovyov, who study the features of reforming the pension system in the Russian Federation; N.V. Mirina, A.M. Popova, O.R. Sharkova, who in their works focus directly on the problem of long-service pensions.

Research methods:

1) Theoretical: analysis and synthesis of literature on the research topic;

2) Practical: study of materials of judicial practice on the topic of research.

The practical significance of the study lies in the possibility of applying the developed recommendations in the process of improving legislation regarding long-service pensions.

Chapter 1. Theoretical analysis of the problem of paying long-service pensions

1.1 Legislative regulation of long-service pensions

The legal and organizational foundations of the compulsory pension insurance system in the Russian Federation were established by Federal Law No. 167-FZ of December 15, 2001 “On Compulsory Pension Insurance”. This law describes the Russian pension system as having an insurance nature. The pension, according to the law, consisted of three parts: basic, insurance and funded. The basic part was a fixed amount that the state indexed annually, and which had the same value for all pension recipients. The insurance part depended entirely on the amount of insurance contributions paid to the Pension Fund of the Russian Federation during the entire period of employment.

On December 4, 2013, Federal Law No. 351-FZ “On Amendments to Certain Legislative Acts of the Russian Federation on Compulsory Pension Insurance Regarding the Right of Insured Persons to Choose a Pension Security Option” was signed. In accordance with the law, the amount of the insurance premium is 22% of wages and is divided into two components. The first part is 6%, which goes to the solidary part, that is, these contributions are not recorded on the individual account of the insured person, the second part 16% (for citizens born in 1966 and older) is recorded in the general part of the citizen’s individual personal account to form his future pension . Currently, all contributions go towards paying current retirees. For citizens born in 1967 and younger, part of the pension, amounting to 16%, is divided into 2 parts: insurance (10%) and funded (6%). The funded part of the pension is different in that it does not go towards payments to current pensioners, is subject to investment, and can also be inherited. Every citizen has the right to choose any convenient method of investment.

It could be:

1) Pension Fund of the Russian Federation:

When choosing a state management company (Vnesheconombank);

When choosing a private management company (which has entered into an agreement with the Pension Fund of Russia).

2) Non-state pension fund.

Citizens who did not apply for the choice of a company to form pension savings are automatically included in the pension fund of the Russian Federation. On December 28, 2013, the President of the Russian Federation signed a set of laws defining the new structure of the country’s pension system:

Federal Law of December 28, 2013 No. 400-FZ “On Insurance Pensions”;

Federal Law of December 28, 2013 No. 424-FZ “On funded pensions”, etc. These legislative acts indicate that from January 1, 2015, labor pensions with an insurance and funded part were divided into insurance and funded pensions. The insured person has a choice: he can continue to form his funded pension or transfer all the funds that were previously used to form a funded pension to the insurance pension. Thus, the funded pension of those citizens who have never exercised the right to choose and will not do so before January 1, 2015, the rate of their funded pension will be 0%.

This means that some of these citizens refuse to finance the funded part of the pension, and 6% will be transferred to the insurance part of the pension.

Citizens born in 1967 and younger, who have made their choice or will do so within the established time frame, will retain the same procedure for forming the funded part of their labor pension (from January 1, 2015 - funded pension) and the tariff plan is also 6%.

Citizens who are starting to work and have entered the compulsory pension insurance system for the first time since 2014 are given five years to choose an option, and until then the tariff for the funded part will be 0%.

Despite the innovations in the pension system, the retirement age remains the same for men - 60 years, for women - 55 years..

Length of service - length of service in areas specified by law, which entitles a citizen to receive a separate type of pension.

The assignment of a long-service pension is also regulated by the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation.” In accordance with Art. 5 of this law, one of the types of pensions is a long-service pension.

As amended by the Federal Law dated July 21, 2014, the long-service pension is established in addition to the old-age (disability) insurance pension assigned in accordance with the Federal Law “On Insurance Pensions” and is paid simultaneously with it.

Article 7 of the said law focuses on the fact that the conditions for granting the right to a pension to state civil servants of the constituent entities of the Russian Federation and municipal employees at the expense of the budgets of the constituent entities of the Russian Federation and local budget funds are determined by laws and other regulatory legal acts of the constituent entities of the Russian Federation and acts of local government bodies .

Civil servants have the right to receive this type of pension if a number of conditions are met, which are specified in the Federal Law of July 27, 2004 No. 79 - Federal Law “On the State Civil Service of the Russian Federation”:

1) the length of service for the state must be at least 15 years;

2) hold the position of a civil servant for at least 12 months without interruption;

3) dismissal from service for good reasons. Among them, the legislator identifies:

Expiration of service life;

Termination of contract.

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” determines the conditions for receiving a pension according to length of service for military personnel.

The size of the long-service pension is calculated as a percentage of the average monthly earnings of a civil servant minus the insurance part of the pension, which is assigned for old age or disability.

Military personnel who meet the conditions for receiving a pension for long service receive cash payments in the amount of 50% of the amount of pay for the rank from which the military man retired. If the work experience is more than 20 years, then for each year of service the percentage increases by 3%. However, the pension amount cannot exceed 85% of the salary.

Cosmonauts and test pilots, if all conditions are met, can count on a pension equal to 55% of the salary of the rank from which they retired. If the length of service exceeds the established one, then for each year there is an increase of 3%, but not more than 85% of the specified amounts.

However, by 2015, the categories of citizens who were paid a long-service pension were significantly reduced, since the concept of “early pension” was introduced and many citizens who had previously received a long-service pension moved into this category.

Early retirement is associated either with the professional activity of a citizen, which was carried out under special conditions, or with conditions of a social nature. Among them, the following categories of citizens should be distinguished:

Women who gave birth and raised five or more children under the age of 8 years;

One parent disabled since childhood, who raised a child until the age of 8;

Those who have become disabled due to military trauma;

People with visual impairments of group 1;

Lilliputians and dwarfs;

Those with “northern” experience.

To determine the right to early pension provision, the government has developed certain lists of preferential professions.

Thus, today the main legislative framework regarding long-service pensions consists of:

Constitution of the Russian Federation;

The most significant federal laws regulating insurance and preferential pensions include:

Federal Law of December 17, 2001 No. 173-FZ. Articles 27-28.1 are devoted to early retirement in old age.

Federal Law No. 400 dated December 28, 2013. Chapter 6 indicates the rights of categories of citizens and professions to preferential pensions.

In terms of legislation, in addition to federal legislative acts regulating the rights of municipal employees to pensions, there are local laws of the constituent entities of the Russian Federation and regulations of municipalities. Municipal laws are aimed at:

In some cases, specify general rules;

In other cases, make additional changes.

We will consider in more detail the specifics of long-service pensions, taking into account different categories of citizens, in the next paragraph of the work.

1) Federal civil servants. Civilian federal government employees have the full right to financial pension accruals based on length of service, in cases where their civil service experience is at least 15 years, as well as the replacement of the state federal for at least 12 months in full. An important point is the fact that the receipt of a service pension is influenced by the reasons for dismissal. So, they should not have a negative connotation. Dismissal is allowed:

Upon reaching retirement age;

Expiration date of the service contract;

2) Military personnel. The same conditions are imposed on employees of fire safety, penal, and drug control agencies. To receive a long service pension, a minimum of 20 years of service is required. The reasons for dismissal may be reaching the deadline for being in service, staff reduction, for reasons of deteriorating health, upon reaching the age of 45 years, with a total work experience of 25 calendar years, provided that at least 12 and a half of them are in the army or other specified .

Thus, military personnel can count on receiving a long service pension if:

They served in the army of the Russian Federation or CIS countries;

They served in the ranks of the army of the countries of the former USSR;

In other cases 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, bodies for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families";

Have a service life of more than 20 years, or have reached retirement age - 45 years.

3) Astronauts. The minimum length of service is set at 25 years for men and 20 for women, 10 of which men must spend in the flight test service, for women this period is 7 and a half years.

If dismissal from a position occurs for health reasons, then 20 years of service is allowed for men, and 15 years for women. But even in this case, the requirements for service life in the flight test service remain at the same level.

The right to a pension is also retained if the service was left in a position that guarantees this right. Such positions include astronauts who have risen to the following positions:

Test cosmonaut;

Researcher;

Test instructor;

Instructor-researcher in testing and research government agencies.

4) Flight test personnel.

In this case, the right to a pension for long service is guaranteed by service in research and testing of various experimental or serial equipment, aeronautics, aerospace and airborne parachute.

For men, the length of service must be at least 25 years; for women, 20 is enough. However, the condition is that about 2/3 of this period must be in positions that allow this type of pension support. That is, without military service as part of flight crews or work in civil aviation.

As in the case of astronauts, when dismissed due to deteriorating health, service life is reduced by 20 and 15 years, respectively, for men and women. Conditions of the position allowing for long service pension remain in effect.

5) Municipal employees.

It is important to note here that from January 1, 2017, there have been some changes in the assignment of long-service pensions.

The right of municipal employees to pensions for long service is enshrined at the legislative level. The main federal laws governing these legal relations include:

To acquire the right to a pension payment, the following conditions must be met:

1. compliance with the requirements of federal legislation:

Having the required age (for men 60 years old, for women 55 years old in 2017),

The amount of insurance experience is at least 15 years (in 2017 - 8 years with a subsequent annual increase by one year until 2025)

Availability of the required number of individual coefficients of at least 30 (in 2017 - 11.4 with a subsequent increase each year by 2.4 by 2025);

Having a certain amount of experience in the municipal service (at least 15 years in 2016); .

Specific reasons for leaving service:

Liquidation of a local government body;

Reducing the number of employees;

Reaching the age limit for service;

Inconsistency of health with the requirements for performing job duties;

Own desire in connection with reaching retirement age.

Thus, the following categories of citizens who have the right to a long-service pension are distinguished by law:

2) astronauts;

4) pilots and testers.

Chapter 2. Judicial practice

2.1 Analysis of judicial practice

pension provision length of service legislation

After the start of reform of the Russian pension system, many controversial issues arise that are resolved in court. Let's look at some of them.

Disputes quite often arise due to incorrect interpretation of the law on the procedure and amount of calculating a service pension.

Shcherbakov M.D. filed a lawsuit against the Pension Fund of the Russian Federation, the UPFR of the Russian Federation in Syktyvkar for the obligation to restore the right to receive a long-service pension of a federal civil servant from 01/01/2012, to oblige the calculation, indexation and payment of a long-service pension in accordance with paragraph 5 Articles 3, Articles 7, 14, 25 of the Federal Law “On State Pension Provision” from 03/06/2000 to the present.

The court established and confirmed by the case materials that Shcherbakov M.D. from September 30, 1995, he is a recipient of an old-age labor pension assigned in accordance with Part 1 of Article 14 of the Law of the Russian Federation “On State Pensions in the Russian Federation” dated November 20, 1990 No. 340-1. Since March 21, 2000, he has been provided with an additional payment to the state old-age pension, and since October 1, 2002, a long-service pension has been paid in accordance with Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation.”

According to the order of the Ministry of Labor of Russia dated October 25, 2000, the plaintiff was given a monthly supplement to his pension from March 21, 2000 and is paid taking into account that the amount of the pension and the monthly supplement to it is... rubles. per month. During the period from 01.12.2000, it was ordered to pay the plaintiff a monthly additional payment, taking into account that the amount of the pension and the monthly additional payment to it was ... rub. Based on the case materials, in the period from 03/21/2000 to 12/31/2001 Shcherbakov M.D. received a pension taking into account additional payments in the specified amounts.

The decision regarding this claim was made on the basis of Decree of the President of the Russian Federation of August 16, 1995 No. 854 “On certain social guarantees for persons holding government positions in the Russian Federation and government positions in the federal public service.” The amount of the monthly surcharge increases by 3 percent of the monthly salary (monetary remuneration) of a federal civil servant for each full year of public service over 15 years. At the same time, the amount of the state pension and the monthly supplement to it cannot exceed 75% of the monthly salary of a federal civil servant. The amount of the monthly salary, on the basis of which the monthly supplement to the state pension is calculated, should not exceed 1.8 of the official salary (0.8 of the monthly remuneration) for positions filled in the federal service.

From the case materials it follows that in the period from March 21, 2000 to December 31, 2001, the plaintiff was paid a monthly bonus in the established amounts. In this situation, the court had no grounds to satisfy the claim in this part.

Since 01/01/2002, a long-service pension has been established for federal state civil servants in accordance with the Federal Law of December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation” and in the period from 12/01/2002 to 12/31/2010 a long-service pension was paid to the plaintiff minus the pension received. The fact that the plaintiff received these amounts is not disputed.

From 01/01/2014 to the present, the long-service pension is... rub. per month, which is lower than the amount of the insurance pension he receives. Thus, the amount of the plaintiff’s old-age insurance pension is as of 01/01/2014 - ... rub, from 02/01/2014 - ... rub, from 04/01/2014 - ... rub, from 01/01/2015 - ... rub, from 02/01/2015 - ... rub. In this connection, the plaintiff is paid only an old-age pension.

Refusing to satisfy the claim in this part, the court of first instance proceeded from the fact that the defendant’s actions in calculating the plaintiff’s pension are justified, since the old-age labor pension of M.D. Shcherbakova for the period from 01/01/2014 to the day of the court decision exceeds the total amount of the plaintiff’s pension for long service, taking into account the basic and insurance parts of the labor pension, established by the Pension Fund of the Russian Federation and based on the part of his average monthly earnings as a civil servant taken into account in the manner prescribed by law, and the rights The plaintiff does not have the right to simultaneously receive two pensions.

Analyzing this legal dispute, we can conclude that when the size of the base and insurance parts of the old-age (disability) pension assigned to a federal civil servant exceeds the part of his average monthly earnings taken into account in the manner established by the specified norms, a long-service pension cannot be established.

Thus, the Arguments of Shcherbakova M.D. in the appeal, about his right to simultaneously receive an old-age pension and a long-service pension, cannot be taken into account by the judicial panel, since they are based on an incorrect interpretation of the law.

There are often claims that are related to incorrect submission of documents for a long-service pension, as a result of which citizens are deprived of a preferential pension.

Kurbanov N.N., being a military pensioner, filed a lawsuit against military unit 3754 to recover the amount of damages in the form of a lost pension in the amount<данные изъяты>rubles, which he could have received for the period from the date of his exclusion from the personnel of military unit 3754 - DD.MM.YYYY to the day he was assigned a long-service pension - DD.MM.YYYY, but did not receive due to the guilty behavior of military unit 3754, expressed in the fact that the unit commander, in violation of the requirements of the Law of the Russian Federation “On pension provision for persons who served in military service, service in internal affairs bodies, institutions and bodies of the penal system, and their families,” did not take measures for the timely assignment of pensions.

The plaintiff proceeded from the fact that at the time of his dismissal from military service his length of service was more than 20 years, which gave him the right to receive a pension. However, in violation of the current legislation, he, who was transferred to the reserve DD.MM.YYYY, was assigned a pension only DD.MM.YYYY in the amount<данные изъяты>ruble<данные изъяты>.

The delay in granting the pension arose through the fault of the defendant, since the necessary documents of Kurbanov N.N. were not sent to the Pension Security Center at the Ministry of Internal Affairs of RNO-Alania, which is a violation of the Instruction “On organizing work on pension provision in the system of the Ministry of Internal Affairs of the Russian Federation,” approved by Order of the Ministry of Internal Affairs of the Russian Federation No. 418 of May 27, 2005, according to which documents for assigning pensions to persons dismissed from military service, are formalized by the personnel departments at the last place of service and provided to the pension authorities no later than 10 days from the date of dismissal from military service of the serviceman. In violation of the requirements of the Instructions, the command did not take appropriate actions before his dismissal to verify data on military service, to clarify and confirm the period of military service. A calculation of length of service for assigning a pension, subject to agreement with the pension authority, was not drawn up.

The court decided to satisfy the claim of Kurbanov Nauruz Nurakhmedovich against military unit 3754 of the internal troops of the Ministry of Internal Affairs of the Russian Federation to recognize the right to receive a pension for long service and disability as violated, to recover damages in the form of a lost pension, to refuse compensation for moral damage in full.

2.2 Ways to improve current legislation in the field of long-service pensions

Citizens who have reached the age established by law often have to face denial of a preferential early pension. In this case, questions may arise about the number of years worked, and about the discrepancy between the name of the profession and the actual work performed. In this case, the future pensioner has the right to defend his pension in court. Judicial practice in assigning pensions is quite common in the Russian Federation.

As we see, the courts play the main role in resolving pension disputes. Practice shows that the largest volume of pension cases considered by the courts concerns issues of early assignment of pensions. This is due to the fact that the new procedure for the early assignment of pensions, as well as the rules for calculating the duration of the insurance period for the relevant types of work, do not reproduce the conditions for assigning pensions.

In assigning a labor pension, judicial practice is mainly based on clarifying the legality of including (or not including) specific periods of work in the length of service.

Judicial practice on preferential pensions is most often based on claims about the refusal of the Pension Fund authorities to assign a payment to a citizen who has worked a certain number of years in dangerous and harmful working conditions, as well as in teaching and other special work.

In the near future, an increase in the number of court cases regarding the registration of municipal pensions is expected; judicial practice in this area is not so extensive. From January 1, 2017, the state increased the age and length of service for this category of citizens.

Claims are often filed in court not only regarding disputes regarding the registration of pensions, but also about its payment to citizens. Judicial practice regarding the payment of pensions shows that the plaintiffs are often not pensioners, but government bodies that pay and assign these payments. Thus, many cases have been opened against citizens who issued payments using forged and fictitious documents and received a larger payment or retired earlier than expected.

Thus, it is necessary to improve the legislative framework regarding the establishment of long-service pensions. It is very important to distinguish and clearly define the categories of persons who are entitled to an early retirement pension.

To avoid misinterpretation of legislation by Pension Fund employees, it is necessary to conduct explanatory conversations with pensioners regarding changes in legislation.

During the period of reforms, all changes must be displayed in periodicals so that citizens can familiarize themselves with them.

Conclusion

Length of service is length of service in areas specified by law, which entitles a citizen to receive a separate type of pension.

The legislation of the Russian Federation identifies the following categories of citizens entitled to long-service pensions:

1) military personnel, except for those serving compulsory service in the Russian army;

2) astronauts;

3) federal government employees;

4) pilots and testers.

Until recently, the list of professions was much wider. However, the concept of “early pensions” was introduced into Russian legislation and some categories of citizens who previously received payment pensions moved into the categories of early pensions.

Among the steam acts that regulate pension provision regarding long-service pensions, it is necessary to highlight:

Constitution of the Russian Federation;

Law of the Russian Federation “On Compulsory Pension Insurance”;

Federal Law “On Insurance Pensions”;

Federal Law “On the State Civil Service of the Russian Federation”;

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”;

- “On labor pensions in the Russian Federation”;

- “On municipal service in the Russian Federation.”

The problem of accounting for special preferential length of service is quite acute today. Judicial practice on old-age or long-service pensions has shown that special length of service can be difficult to calculate, especially if the work book is lost and it is impossible to find archival documents.

The government announces that reforms in the pension system will continue at least until 2025, with adjustments being made every year. There will be annual indexation and recalculation of payments and, in addition, fixation of a single point.

It is reasonable to use the services of a non-state pension fund for those who have official employment and a salary. The pension reform will continue for a long time, however, today we can conclude that its main goal, unlike the current pension, the volume of which is approximately the same for all people of retirement age, will differ significantly in the future, and will be depending on the amount of profit and length of service. The main thing is that in all these changes there is no loss of all the positive experience of the pension system that has been acquired over a long time.

In order for citizens to be able to confirm certain periods of their work experience, it is necessary to enshrine at the legislative level the principle of analogy, which makes it possible to calculate pension amounts based on the average monthly earnings of workers in the same specialty, taking into account regional allowances. It is also necessary to increase the level of legal literacy of the population so that citizens can exercise their rights provided for by law.

Bibliography

Regulatory acts:

1.The Constitution of the Russian Federation (including amendments).

2. Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on July 3, 2016) (as amended and supplemented)

3. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on July 3, 2016) (as amended and supplemented)

4. Federal Law “On Labor Pensions in the Russian Federation” (as amended on November 19, 2015) as amended in force from January 1, 2017

5. Federal Law No. 400-FZ of December 28, 2013 “On Insurance Pensions” // Collection of Legislation of the Russian Federation. - 2014. - No. 2 (part II) (amendment).

6. 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” dated 12.02 .1993 N 4468-1

Textbooks, teaching aids:

7. Ermakov D.N., Khmelevskaya S.A. Modern pension provision in the Russian Federation. - M.: ITK Dashkov and K., 2015. - 270 s.

8. Erofeeva O.V. Protection of citizens' rights to pension provision: monograph. M.: Prospekt, 2013. - 320 p.

Publications and Internet resources:

9. Burlaka N.P. Strengthening the insurance mechanisms of the Russian pension system for the purpose of its improvement. N.P. Burlaka // Current problems of the humanities and natural sciences. 2015. No. 11-3 p. 38-41.

10. Gareeva I.A., Dryga Yu.E. Pension system of Russia./ I.A. Gareeva, Yu.E. Dryga // Scientific notes of Tomsk State University, 2015. - vol.6. - No. 4. - pp. 168-172.

11. Zakharov I.N. Specifics of adjusting the retirement age in Russia. / I. N. Zakharov // Current problems of the economy of modern Russia. - 2016. - No. 3. - pp. 112-115.

12. Magomedova A.G. Judicial protection of citizens' rights to pension provision in the Russian Federation. / A.G. Magomedova // Legal Bulletin of DSU. - 2014. - No. 4. - P. 96-100.

13. Osin A.A., Nevodov I.A. Pension reform of the Russian Federation / A.A. Osin // New science: from idea to result, 2016. - No. 12-1. - pp. 211-213.

14. Pension Fund of the Russian Federation, official website. // URL:www.pfrf.ru

15. Popov A.M., Mikhailikov V.P. Pension provision for police officers / A.M. Popov // News of the South-Western State University. Series: History and Law, 2015. - No. 3. - pp. 54-58.

16. Soloviev A.K. On the issue of raising the retirement age / A.K. Soloviev // Finance. - 2015. - No. 6. - pp. 24-29.

17. Solovyov, A. K. Increasing the retirement age: a compromise of insurance principles for the formation of pension rights and the budget / A. K. Solovyov // Pension. - 2015. - No. 10. - P. 41-56.

18. Sharipova O.R., Siraeva R.R. Pensions for long service / O.R. Sharipova // Economy and Society, 2015. - No. 2-5. - P. 60-63

19. Shipik E.A. Pension reform in the Russian Federation. / E.A. Shipik // Scientific achievements and discoveries of modern youth: current issues and innovations, collection of articles by the winners of the international scientific and practical conference, 2017. - pp. 221-223.

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