Article 8 of the law on labor pensions. Pension legislation

In accordance with federal law No. 350-FZ of October 3, 2018, Russia begins a gradual increase in the generally established age, which gives the right to receive an old-age insurance pension and a state pension. Changes will be phased in over a long transition period of 10 years ending in 2028. As a result, the retirement age will be increased by 5 years and set at 60 for women and 65 for men. Today, the retirement age for women is 55 years, the retirement age for men is 60 years.

Increased indexation of pensions

Since 2019, the law provides for increased indexation of insurance pensions at a rate that outpaces the forecast inflation growth. The old-age insurance pensions of non-working pensioners will increase by an average of 1,000 rubles a month, or 12,000 rubles a year.

From January 1, 2019, the indexation of insurance pensions is 7.05%, which is higher than the forecast inflation rate for 2018. The amount of the fixed payment after indexation will increase to 5,334.2 rubles per month, the cost of a pension point - up to 87.24 rubles. As a result of indexation, the old-age insurance pension has increased by an average of 1 thousand rubles in Russia, and its average annual amount is 15.4 thousand rubles.

The increase in pension for each pensioner is individual, depending on the amount of the pension received. In order to find out how much the pension will increase from January 1, 2019, you need to multiply the amount of the pension received by 0.0705 (7.05%).

Example The disability insurance pension of a non-working pensioner is 9,137 rubles. After indexation from January 1, the pension will increase by 644 rubles and amount to 9,781 rubles. Another example The old-age insurance pension of a non-working pensioner is 15,437 rubles. After indexation from January 1, the pension will increase by 1,088 rubles and amount to 16,525 rubles.

If a pensioner is assigned a social supplement to a pension that provides income at the level of the pensioner's subsistence minimum, the amount of payments after indexation may remain the same or increase less than the level of indexation.

Example The pensioner was assigned a pension in the amount of 12,347 rubles. The subsistence minimum for a pensioner in the region is higher than the assigned pension and amounts to 12,674 rubles. Therefore, in addition to the pension, a social supplement is assigned. As a result of indexation, from January 1, the pension was increased by 7.05%, or 870 rubles, and amounted to 13,217 rubles. Considering that before indexation the pensioner received 12,674 rubles (pension plus social supplement), after indexation, payments increased not by 870 rubles, but by 543 rubles (the difference between the indexed pension, which increased to 13,217 rubles, and the previous payments in the amount of 12,674 rubles ).

Benefits and guarantees for people of pre-retirement age

For citizens of pre-retirement age, benefits and social support measures that were previously provided upon reaching retirement age remain: free medicines and travel by transport, a discount on capital repairs and other housing and communal services, exemption from property and land taxes, and others.

Starting in 2019, new benefits related to annual medical examinations and additional guarantees of employment will also be introduced for pre-retirees. Employers are subject to administrative and criminal liability for the dismissal of employees of pre-retirement age or refusal to hire them due to age. The employer is also assigned the obligation to annually provide employees of pre-retirement age two days for a free medical examination with the preservation of wages.

The right to most pre-retirement benefits arises 5 years before the new retirement age, taking into account the transition period, that is, starting at 51 for women and 56 for men. From 2019 onwards, women born in 1968 and older and men born in 1963 and older are entitled to benefits.

A five-year period is also relevant when, when assigning a pension, the achievement of a certain age and the development of a special length of service are taken into account at the same time. This primarily applies to workers in dangerous and difficult professions on lists No. 1, No. 2, etc., which allow early retirement. The onset of pre-retirement age and the right to benefits in such cases arises 5 years before the age of early retirement, subject to one of the conditions: the development of the required preferential length of service, if the person has already stopped working in the relevant specialty, or the fact of working in the relevant specialty.

For example, drivers of public urban transport with the necessary special experience (15 or 20 years depending on gender) retire at 50 years old (women) or 55 years old (men). This means that the boundaries of the pre-retirement age will be set for female drivers from the age of 45, and for male drivers from the age of 50.

The pre-retirement age of doctors, teachers and other workers, whose right to a pension arises not from a certain age, but upon the development of a special length of service, begins simultaneously with its acquisition. So, a school teacher who in March 2019 will develop the necessary teaching experience, starting from the same moment, will be considered a pre-pensioner.

For those whose retirement age has not changed since 2019, there is also the right to pre-retirement benefits 5 years before retirement. For example, in mothers of many children with five children, it occurs starting at the age of 45, that is, 5 years before their usual retirement age (50 years). Two factors are taken into account in determining pre-pensioner status in such cases. Firstly, the basis that gives the right to early appointment of a pension - it can be the required number of children, disability, work experience in hazardous work, etc. And secondly, the age of the pension itself, from which the five-year period of benefits is counted.

The exception to which the 5-year rule does not apply is tax benefits. They are granted upon reaching the former limits of the retirement age. For most Russians, this is 55 or 60 years, depending on gender, and in the case of people retiring early, it is earlier than this age. For example, for northerners who, under the old legislation, retire 5 years earlier than everyone else, the pre-retirement age for receiving tax benefits, respectively, is 50 years for women and 55 years for men.

Proof of pre-retirement status

The Pension Fund of Russia has launched an information service through which information is provided about Russians who have reached the pre-retirement age. These data are used by authorities, departments and employers to provide appropriate benefits to citizens. For example, employment centers that have been providing pre-retirees with increased unemployment benefits since 2019 and are engaged in professional retraining and advanced training programs for pre-retirees.

PFR data are transmitted in electronic form through the SMEV channels, through the Unified State Social Security Information System (EGISSO) and electronic interaction with employers. A certificate confirming the status of a person as a pre-pensioner is also provided through a personal account on the website of the Pension Fund and in the territorial bodies of the PFR.

Transitional period to raise the retirement age

A long transition period of 10 years (from 2019 to 2028) is envisaged for the gradual increase in the retirement age. Adaptation to the new parameters of the retirement age in the first few years of the transition period is also provided by a special benefit - the appointment of a pension six months earlier than the new retirement age. It is provided for those who were supposed to retire in 2019 and 2020 under the terms of the previous legislation. These are women born in 1964-1965 and men born in 1959-1960. Thanks to the benefit, a pension on new grounds will be granted already in 2019: for women at the age of 55.5 years and for men at the age of 60.5 years.

During the entire transition period, the requirements for seniority and pension points required for the award of an old-age insurance pension will continue to apply. So, in 2019, at least 10 years of service and 16.2 pension points are required to retire.

The increase in the retirement age does not apply to disability pensions - they are retained in full and are assigned to people who have lost their ability to work, regardless of age when the disability group is established.

According to the results of the transition period, starting from 2028 and beyond, women will retire at 60 years old, men - at 65 years old.

Who does not change the retirement age

The old retirement age is retained by the majority of citizens who have the right to early retirement. These include, in particular:

    Persons to whom a pension is assigned earlier than the generally established retirement age in connection with work in difficult, dangerous and harmful working conditions, for which employers pay additional pension insurance contributions at special rates. Namely, the persons employed:

    ● in underground work, work with harmful working conditions and in hot shops - men And women;

    ● in difficult working conditions, as working locomotive crews and workers directly involved in the organization of transportation and ensuring traffic safety in railway transport and the subway, as well as drivers of trucks in the technological process in mines, cuts, mines or ore quarries - men And women;

    ● in the textile industry at work with increased intensity and severity - women;

    ● in expeditions, parties, detachments, on sites and in brigades directly on field geological exploration, prospecting, topographic and geodetic, geophysical, hydrographic, hydrological, forest management and survey work - men And women;

    ● in the seafaring crew on ships of the sea, river fleet and fishing industry fleet (with the exception of port ships permanently operating in the port water area, service and auxiliary and crew vessels, suburban and intracity ships), as well as in work on the extraction, processing of fish and seafood , acceptance of finished products in the field - men And women;

    ● in underground and open pit mining, including the personnel of mine rescue units, in the extraction of coal, shale, ore and other minerals and in the construction of mines and mines - men And women;

    ● in the flight crew of civil aviation, in the work of flight control of civil aviation aircraft, as well as in the engineering and technical staff in the work of servicing civil aviation aircraft - men And women;

    ● at work with convicts as workers and employees of institutions executing criminal sentences in the form of deprivation of liberty - men And women;

    ● as tractor drivers in agriculture and other sectors of the economy, as well as as drivers of construction, road and loading and unloading machines - women;

    ● as workers, foremen at logging and timber rafting, including maintenance of mechanisms and equipment - men And women;

    ● as drivers of buses, trolleybuses, trams on regular urban passenger routes - men And women;

    ● as lifeguards in professional emergency services and formations - men And women.

    Persons to whom a pension is assigned earlier than the generally established retirement age for social reasons and health status:

    ● a woman who has given birth to five or more children and raised them up to the age of 8;

    ● a woman who has given birth to two or more children, with the necessary insurance experience and work experience in the Far North or in equivalent areas;

    ● one of the parents of a disabled person from childhood, who raised him until the age of 8, - men And women;

    ● a guardian of a disabled person from childhood, who raised him until the age of 8, - men And women;

    ● Disabled due to military injury - men And women;

    ● a visually impaired person with the first disability group, - men And women;

    ● a citizen with pituitary dwarfism (midget) and a disproportionate dwarf - men And women;

    ● a fisherman, reindeer herder or hunter-trader permanently residing in the Far North or equivalent areas - men And women.

    Persons to whom a pension is assigned before the generally established retirement age in connection with radiation or man-made disasters, including the disaster at the Chernobyl nuclear power plant, the disaster at the Mayak chemical plant, accidents at the Mayak production association and the discharge of radioactive waste into the Techa River, as well as in connection with with radiation exposure due to nuclear tests at the Semipalatinsk test site - men And women.

    Persons to whom a pension is granted earlier than the generally established retirement age in connection with work in the flight test staff, as well as in connection with flight tests and research of experimental and serial equipment: aviation, aerospace, aeronautics and paratroopers - men And women.

What changes are provided for pensioners

The increase in the retirement age does not affect current pensioners. Everyone who has already been assigned any type of pension before 2019 will continue to receive the due payments in accordance with the acquired rights and benefits. Raising the retirement age will allow, as early as 2019, to ensure a higher increase in pensions for non-working pensioners due to indexation that exceeds the inflation rate (in accordance with the Decree of the President of Russia "On the national goals and strategic objectives of the development of the Russian Federation for the period up to 2024" dated May 7, 2018 ).

Increasing the pensions of rural pensioners

Since 2019, villagers have the right to an increased fixed payment to the old-age or disability insurance pension. Eligibility for a 25% flat-rate allowance is subject to three conditions: at least 30 years of experience in agriculture, rural residence, and no paid employment.

The increase in the pension of rural pensioners from January 1, 2019 is 1.3 thousand rubles per month, for recipients of disability pensions with the third group - 667 rubles per month.

You do not need to specifically apply to the Pension Fund of Russia for the recalculation of the pension, it occurs automatically according to the information of the payment file. At the same time, the pensioner has the right to submit the documents necessary for recalculation at any time.

When calculating the length of service that gives rural pensioners the right to an increased fixed payment, work in collective farms, state farms and other agricultural enterprises and organizations is taken into account, subject to employment in animal husbandry, crop production and fish farming. For example, as agronomists, tractor drivers, veterinarians, beekeepers, etc. - more than 500 professions .

Work that was performed before 1992 in Russian collective farms, machine and tractor stations, inter-collective farm enterprises, state farms, peasant farms, agricultural artels, is included in the rural experience, regardless of the name of the profession, specialty or position held.

Northern retirement age

Residents of the Far North and equivalent areas have the right to early retirement 5 years earlier than the generally established retirement age. This right is retained by the northerners in the future. At the same time, the age of early retirement among the inhabitants of the North is gradually increasing by 5 years: from 50 to 55 years for women and from 55 to 60 years for men.

The minimum required northern length of service for early retirement does not change and remains 15 calendar years in the Far North and 20 calendar years in equated areas. The requirements for insurance experience do not change similarly and amount to 20 years for women and 25 years for men.

The transitional period to raise the retirement age for northerners will last, like everyone else, for 10 years - from 2019 to 2028. At the first stage, the increase in age will affect women born in 1969 and men born in 1964. At the same time, northerners who, according to the old legislation, should have been granted a pension in 2019-2020, are also entitled to a benefit for leaving six months earlier than the new retirement age.

For example, a man born in 1965 (July), with 30 years of work experience in the north and 35 years of insurance experience, will retire in January 2022 at the age of 56.5 years.

As a result of the transition period in 2028, northern women born in 1973 will retire at the age of 55 and northern men born in 1968 at the age of 60.

At the same time, the transitional period for raising the retirement age is also applied in cases where the northern experience has not been fully worked out and there is a decrease in the age of granting a pension for each year worked in the northern region.

Example A woman born in 1970 (March), with 11 years of experience in the north and 18 years of insurance experience, according to the old legislation, was supposed to retire in July 2021 at the age of 51 years and 4 months. Given that the retirement age will be raised by three years in 2021, a woman will be able to retire in July 2024 upon reaching 54 years and 4 months.

Some northerners, however, will not have to adapt to the new retirement age, since it will not be raised for them. The changes will not affect the small indigenous peoples of the North, who, depending on gender, retire at 50 or 55 years old, as well as northern women who have raised two or more children - if they have the necessary northern and insurance experience, they are entitled to a pension starting from 50 years old.

Assignment of pensions to doctors, teachers and artists

For employees who receive a pension not upon reaching retirement age, but after acquiring the required length of service (special length of service), the right to early retirement is retained. These workers include teachers, doctors, ballet dancers, circus gymnasts, opera singers and some others. At the same time, the minimum required special experience for the appointment of a pension does not increase and, depending on the specific profession, as before, ranges from 25 to 30 years.

At the same time, starting from 2019, the retirement of workers in the listed professions is determined taking into account the transition period for raising the retirement age. In accordance with it, the assignment of pensions to doctors, teachers and artists is gradually transferred from the moment the special experience is developed. At the same time, they can continue their labor activity after acquiring the required length of service or stop working.

Example Rural health workers require 25 years of service in health facilities to retire, regardless of age and gender. If a rural doctor completes the required length of service in September 2021, he will be granted a pension in accordance with the generally established transitional period for raising the retirement age - in 3 years, in September 2024.

Retirement age of civil servants

For state civil servants of all levels of government (federal, regional and municipal), the transition to the new values ​​of the retirement age takes place in stages. Until 2021, the increase in the age is six months a year, then the rate is synchronized with the general rate of increase in the retirement age in the country and begins to grow year by year. Male civil servants will retire at 65 by 2028, and female civil servants will retire at 63 by 2034.

In addition, for all federal civil servants, starting from 2017, the requirements for the minimum length of civil or municipal service, which allows them to receive a state pension for years of service, are being increased. Each year, the specified length of service increases by six months (from 15 years in 2016) until it reaches 20 years in 2026.

Taking into account all the changes, the insurance pension for civil servants is assigned in 2019 upon reaching the age of 56 (for women) and 61 years (for men). The pension for long service is assigned after 16.5 years of civil service.

Appointment of a social pension

The changes in the pension system, which will come into force in 2019, do not affect the social disability and survivor's pensions, which are assigned regardless of the generally established retirement age. As in the case of the contributory pension, with regard to public security pensions, the right of people who have lost their ability to work due to disability to apply for a pension, regardless of age, is fully preserved.

The age at which the right to the social old-age pension arises is increased by 5 years in accordance with the phased transition period. By 2028, men will receive a social old-age pension upon reaching the age of 70, and women upon reaching 65 years.

New grounds for early retirement

Early appointment of a pension for long service

A new basis is provided for citizens with long experience. Women with at least 37 years of experience and men with at least 42 years of experience will be able to retire two years earlier than the generally established retirement age, but not earlier than 55 years for women and 60 years for men.

Early assignment of pensions to women with many children with three and four children

Women with many children with three and four children are entitled to early retirement. If a woman has three children, she will be able to retire three years earlier than the new retirement age, subject to transitional provisions. If a woman has four children - four years earlier than the new retirement age, subject to transitional provisions.

At the same time, for early retirement, women with many children need to work out a total of 15 years of insurance experience.

Early assignment of pensions to unemployed citizens

For citizens of pre-retirement age, the opportunity remains to retire earlier than the established retirement age in the absence of employment opportunities. The pension in such cases is established two years earlier than the new retirement age, taking into account the transition period.

In addition, for citizens of pre-retirement age, from January 1, 2019, the maximum amount of unemployment benefits will increase from 4,900 rubles to 11,280 rubles. The payment period is set at one year.

Payment of pension savings

The amendments to the pension legislation that have come into force do not change the rules for the appointment and payment of pension savings. The retirement age, which gives the right to receive them, remains within the same boundaries - at the level of 55 years for women and 60 years for men. This applies to all types of pension savings payments, including funded pension, fixed-term and lump-sum payments. As before, pension savings are assigned in the presence of the minimum required pension points and length of service: in 2019, these are 16.2 points and 10 years, respectively.

The pension system has undergone tremendous changes since Soviet times.

Today, the pension system is steadily moving towards the Western model. Improvements in this area are made gradually and steadily. Along with this, the very formation of future social payments has also changed. And their size can now depend not only on the level of income received and the number of years worked, but also on the methods of their formation.

In 2017, every citizen can determine for himself how he will form his savings for old age. You can trust, as before, the state by contacting a state-scale management company. But there are other possibilities, for example, by forming savings in a non-state pension fund or together with private management companies.

The formation of pension legislation in Russia has clear time milestones. Until the 1990s, old-age pensions were appointed by the state without focusing on the level of income received by the former employee. It was established once and did not undergo any changes during all subsequent years. This state of affairs was due to the absence of inflation and the fact that the deductions themselves were formed in a different way, namely, deductions from enterprises and budget financing.

Since 1990, changes began in this area, various bills were considered, because pensions required indexation due to the constant rise in prices. This year, the Pension Fund was formed, which began to receive monthly deductions from legal entities and individuals, due to which regular accruals of pensions were made. In addition, the calculation itself has changed significantly. And already in 1992, non-state pension funds were introduced, which allowed working citizens to accumulate funds for old age.

The following years, up to 2000, the situation in this area was extremely difficult, despite the number of reforms carried out. But with the beginning of the XI century, the pension reform took a new turn, gradually stabilizing the situation.

Law "On labor pensions in the Russian Federation"

Legislation on labor pensions in the Russian Federation for many years was regulated by 173 FZ. The federal law on labor pensions in the Russian Federation 3 173-FZ was adopted on December 17, 2001.

This law combined many bills, offering a fundamentally new approach to the formation. In particular, pensions began to be divided according to the grounds for receiving them. They can be obtained not only upon reaching retirement age, but also for disability and loss of a breadwinner.

Benefits are formed from several different parts:

  1. The base part is the minimum that can be claimed under certain conditions.
  2. Insurance, which directly depends on the duration of contributions to the pension fund.
  3. , which allows you to independently adjust the level of funds set aside for old age.

In 173-FZ, the concept of periods that are considered insurance periods was adjusted, and therefore should be counted when calculating a pension. According to this law, not only the periods actually worked are taken into account, but also the time when:

  • the citizen was in military service;
  • the woman cared for the newborn;
  • care was taken for a disabled person of the first group or an elderly person;
  • a person was unemployed and received benefits, etc.

The only condition for the implementation of this offset in the insurance period is the fact that there is official employment before the specified period or immediately after it, regardless of its total duration.

Law "On insurance pensions"

In 2015, a new law “On insurance pensions” No. 400-FZ came into force. It is based on a new approach to the formation of pension benefits. Now the manual will consist of two parts:

  1. Cumulative amounts.

The insurance part is the funds that the employer deducts monthly to the budget for each of his employees. The rate of such deductions is 22%. The specified amount is automatically divided into two unequal parts:

  1. 6% - this is the amount that can be deducted for immediate investments in various projects. That is, this money can work and make a profit, which can subsequently significantly increase the benefit paid.
  2. 16% - immediately go to the insurance part.

At the request of the employee, all 22% can be immediately deducted to the insurance part, bypassing the stock market.

Cumulative amounts can be accumulated in state or non-state management companies . The choice remains solely with the citizen. If non-state companies are chosen, then these funds are invested in stock markets, bringing profit to both companies and investors, that is, citizens who contribute these savings.

Is Law No. 173 currently being applied?

The law on the appointment of labor pensions No. 173-FZ was actually replaced by the law on insurance pension benefits No. 400-FZ. It happened in 2015. But the adoption of the new Law did not completely annul the effect of the previous Federal Law No. 173. In fact, these two documents are currently in force. The latest edition under No. 400 is considered fundamental. All items that coincide with the previous Federal Law are now interpreted only in a new edition. But those paragraphs in the Federal Law 173, which were not affected by the changes, are still in force in the same edition. The norms that describe the procedure for calculating the amount of pension benefits remained unchanged.

It should be borne in mind that if any of the previously described norms was established in the new Law, then the one described in Federal Law 400 applies.

In fact, even though No. 173-FZ has lost its effect, some of its clauses are still applied when.

You will be interested

The labor pension is the most important element of social security in the Russian Federation. Therefore, it is regulated by a whole pension legislation, consisting of various legal, by-laws. The state Law FZ 173 is also included here, indicating what a labor pension is, its latest version, amendments to it. But this once vast Russian document (effective date 2001, December), whose power extended to most issues in the field, is now a shadow of itself.

Since the Law of the Russian Federation No. 400-FZ has been in force since 2015, which indicated that FZ 173, its latest version is no longer used, that is, a labor pension, all relations related to it are regulated by other laws, but with the exception of the norms indicating the procedure for calculating such payments.

173 Federal Law on labor pensions in the Russian Federation - main provisions

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The Law on Labor Pensions regulates the procedure for obtaining pensions for a special category of citizens. This article will discuss the Federal Law N 173-FZ of December 17, 2001, as well as some other laws in the field of pensions.

Important! It should be noted right away that Federal Law No. 173-FZ of December 17, 2001 “On labor pensions in the Russian Federation” does not apply starting from January 01, 2015. The exceptions are the rules governing the calculation of the size of labor pensions and those that are used to determine the size of insurance pensions.

Download the Federal Law on Labor Pensions with the latest changes

The law refers to employees who have already reached retirement age and have the length of service prescribed by law. The law also establishes the types of pensions and the categories of citizens who can receive them.

In addition, the law on labor pensions regulated the following issues:

  • conditions for obtaining pensions and the procedure for its accrual and delivery;
  • the procedure for calculating deductions from pension payments;
  • the procedure for calculating directly pension amounts.

The Law on Labor Pensions - structure of the normative act

The document consists of 7 chapters and 32 articles:
Chapter I. General Provisions

  • Article 1. Legislation of the Russian Federation on labor pensions
  • Article 2. Basic concepts used in this Federal Law
  • Article 3. Persons entitled to a labor pension
  • Article 4. Right to choose a pension
  • Article 5. Types of labor pensions
  • Article 6

Chapter II. Conditions for the appointment of labor pensions

  • Article 7. Conditions for assigning an old-age labor pension
  • Article 8. Conditions for the appointment of a labor disability pension
  • Article 9

Chapter III. Insurance experience

  • Article 10. Periods of work and (or) other activities included in the length of service
  • Article 11
  • Article 12
  • Article 13

Chapter IV. Sizes of labor pensions

  • Article 14
  • Article 15
  • Article 16
  • Article 17. Determination, recalculation, indexation and adjustment of labor pensions
  • Article 17.1. The share of the insurance part of the old-age labor pension, established for the seniority pension for federal state civil servants
  • Article 17.2. The share of the insurance part of the old-age labor pension, established for the seniority pension for citizens from among the employees of the flight test personnel

Chapter V. Appointment, recalculation of sizes, payment and delivery of labor pensions

  • Article 18
  • Article 19
  • Article 20
  • Article 21. Suspension and resumption of payment of labor pension
  • Article 22. Termination and restoration of payment of labor pension
  • Article 23. Terms of payment and delivery of labor pension
  • Article 24
  • Article 25
  • Article 26

Chapter VI. The procedure for preserving and converting (converting) previously acquired rights

  • Article 27
  • Article 27.1. Early appointment of a labor pension to citizens from among the employees of the flight test staff
  • Article 28
  • Article 28.1. Summing up the length of service in the relevant types of work and reducing the age that gives the right to an old-age labor pension for persons who worked in the regions of the Far North and equivalent areas
  • Article 29
  • Article 29.1. The amount of the estimated pension capital of the insured person, taking into account which the amount of the labor pension (the insurance part of the old-age labor pension) is calculated
  • Article 30. Evaluation of pension rights of insured persons
  • Article 30.1. Valorization of the value of the estimated pension capital of the insured person, calculated when assessing his pension rights
  • Article 30.2. Determination of the size of the labor pension, taking into account the amount of valorization
  • Article 30.3. Recalculation of the size of the labor pension in connection with a change in the value of the estimated pension capital calculated when assessing the pension rights of insured persons, and (or) a change in the amount of valorization

Chapter VII. Procedure for Enactment of this Federal Law

  • Article 31. Entry into force of this Federal Law
  • Article 32

Important! The provisions of the law on labor pensions have lost their force after the amendment of the legislation. For example, after the entry into force of the norms of the law on insurance pensions, the norms of the law under discussion are valid only in the part that does not contradict this innovation.

Changes in pension legislation

In 2004, the Supreme Court adopted a ruling according to which every citizen of the Russian Federation has the right to expect that the pension will be assigned in accordance with the norms of the legislation that was in force during the period of employment. That is, if a citizen caught all the pension reforms taking place from 1990 to 2015, then the assignment of a pension will take place on the basis of all three laws.

With the pension reform of 2015, two new federal laws came into force at once - On insurance pensions and funded pensions, respectively, the Law on labor pensions, for the most part, ceased to operate.

Federal Law No. 400-FZ "On Insurance Pensions"

The law on insurance pensions was adopted in connection with the need to create an appropriate base for each type of pension. The main change affected the conditions for assigning old-age insurance pensions, where there have been significant changes:

  • instead of the previously required 5 years of experience, an annual system of increasing length of service has been introduced from 6 (2015) to 15 years (2024);
  • the concept appeared - a fixed payment instead of the previously existing "fixed base amount";
  • the influence of the individual pension coefficient appeared, the value of which should be at least 30 at the end of the transition period.

Also, the law on insurance pensions provides for an increase in the fixed payment in the case when a citizen does not retire voluntarily, when he is already entitled to it.

Federal Law No. 424-FZ "On Funded Pension"

A funded pension is a monthly cash payment calculated on the basis of funds in a special part of the personal account of insured persons. According to article 4 of this law, citizens who have an amount equal to at least 5% of the amount of the insurance pension on the main personal account are kept in a special part of their personal account are entitled to a funded pension. In the event that a person has an amount of less than 5% of the amount of the insurance pension on the savings account, the citizen has the right to receive this entire amount (at a time).

The legislative document establishes that the size of the funded pension can be increased with the help of additional contributions and contributions at the initiative of the employer, additional payments of maternity capital, as well as through the pension co-financing program.