Federal Law on labor pensions in the Russian Federation. Pension legislation

Labor pension is essential element social security, operating in the Russian Federation. Therefore, it is regulated by a whole pension legislation, consisting of various legal and by-laws. This also includes State Law Federal Law 173, which specifies what a labor pension is, its latest edition, and amendments to it. But this once broad Russian document (effective date December 2001), whose power extended to most issues in the field, is now a shadow of its former self.

Since RF Law No. 400-FZ has been in force since 2015, which indicated that Federal Law 173, its latest edition is no longer used, that is, the 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 pension system has undergone enormous changes since Soviet times.

To date pension system steadily strives towards the Western model. Improvements in this area are being made gradually and steadily. Along with this, the very formation of the future has changed. social payments. 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, each citizen can determine for himself how he will form his savings for old age. You can trust the state, as before, by contacting a state-level 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 90s of the twentieth century, old-age pensions were assigned by the state without reference to the level of income received former employee. was installed once and did not undergo any changes over 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 contributions from legal and individuals, due to which regular pension accruals 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.

In subsequent years until 2000, the situation in this area was extremely difficult, despite the number of reforms carried out. But with the beginning of the 11th century, pension reform took new turns, gradually stabilizing the situation.

Law “On Labor Pensions in the Russian Federation”

Legislation on labor pensions V Russian Federation long years regulated by 173 Federal Laws. The Federal Law on Labor Pensions in the Russian Federation 3 173-FZ was adopted on December 17, 2001.

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

The benefits are made up of several different parts:

1. The basic 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. , allowing 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 pensions. According to this law, not only the periods actually worked are taken into account, but also the time when:

• the citizen served in compulsory military service;
• the woman was caring for a newborn;
• care was provided for a disabled person of the first group or an elderly person;
• the person was listed as unemployed and received benefits, etc.

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

Law “On Insurance Pensions”

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

1. Cumulative amounts.

The insurance part is the funds that the employer pays 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 allocated for immediate investments in various projects. That is, this money can work and generate profit, which can subsequently significantly increase the benefits paid.
2. 16% - immediately go to insurance part.

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

Savings can be accumulated in state or non-state management companies . The choice remains solely with the citizen. If non-state companies are selected, 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 applied?

The law on the assignment of labor pensions No. 173-FZ was actually replaced by the law on insurance pension benefits No. 400-FZ. This happened in 2015. But the adoption of the new Law did not completely repeal the previous Federal Law No. 173. In fact, today these two documents are in force. The latest edition, No. 400, is considered fundamental. All points that coincide with the previous Federal Law are now interpreted only in new edition. But those paragraphs in Federal Law 173 that were not affected by the changes are still in effect today in the same wording. The rules 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 were established in the new Law, then the one described in Federal Law 400 applies.

In fact, although No. 173-FZ has lost its effect, some of its points are still applied under.

You might be interested

Most people turn to studying pension legislation shortly before reaching retirement age or after the occurrence of an event that gives them the right to a pension (disability, loss of a breadwinner). However, this approach cannot be called correct. The pension reform in Russia has led to the fact that the right to a pension is closely related to the length of service for granting a pension, the amount of official income and some other indicators.

The site contains articles devoted to the main types of pensions in the Russian Federation and the conditions for their assignment, the procedure for applying for a pension and making payments. Referring to the posted information will help you competently build your professional activities in order to obtain decent pension security, as well as help your loved ones fully realize the rights granted by pension legislation (for example, to minimum pension and etc.).

Realization of the right to a pension in the pension legislation of the Russian Federation

Pension legislation includes several Federal laws (on insurance pensions, on state pension provision, on pension provision for persons undergoing military service mi etc.), resolutions of the Government of the Russian Federation and departmental regulations. The website contains actual information, which will help you understand the basics of regulatory regulation of the procedure for assigning pensions. In addition, a visitor can always ask a lawyer a question in a special section and receive the information he is interested in.

Conditions for assigning pensions and legislative regulation differ depending on the type of pension. At the same time, the pensioner himself, when exercising his right to a pension, must have initiative. For example, apply for an upward recalculation of the pension, determine the procedure for payment and delivery of the pension, exercise the right to preferential pension, and if necessary, then protect it by filing statement of claim on the assignment of a pension.

Reform of pension legislation in the Russian Federation

Modern pension legislation encourages citizens to implement labor activity officially, get high wages so that contributions to the funds are also high enough. Depending on the economic situation, the state decides differently the issues of indexing pensions, making payments to working pensioners, etc. You can monitor changes in pension legislation yourself, or refer to the information you are interested in on the website.

Federal Law N 173-ФЗ dated December 17, 2001, as amended on December 28, 2013, with amendments that entered into force on January 1, 2015 On Labor Pensions in the Russian Federation regulates the procedure and procedure for obtaining a labor pension in the Russian Federation in accordance with the federal law on compulsory pension insurance . The same law regulates the procedure and procedure for registering disability pensions in the Russian Federation (Article 8 of Chapter II and Article 15 of Chapter III). Federal Law No. 173-FZ has been in force since 2001, and is regularly amended to stipulate compulsory pension insurance on the territory of the Russian Federation.

Russian Federation

FEDERAL LAW of December 17, 2001 N 173-FZ (as amended on December 28, 2013 with amendments that entered into force on January 1, 2015) “ON LABOR PENSIONS IN THE RUSSIAN FEDERATION”

Hereby Federal law in accordance with the Constitution of the Russian Federation and the Federal Law “On Compulsory Pension Insurance in the Russian Federation”, the grounds for the emergence and procedure for exercising the right of citizens of the Russian Federation to labor pensions are established.

1. Losses related to general average from loss or damage to cargo are determined in accordance with the value of the cargo at the time of its unloading, established on the basis of a trade invoice issued to the recipient, in the absence of an invoice - based on the value of the cargo at the time of its shipment.

The value of the cargo at the time of unloading includes the cost of insurance and freight, unless the freight is at the risk of the cargo owner.

2. In the case of the sale of damaged cargo, losses attributable to general average shall be the difference between the value of the cargo in an undamaged condition, determined in accordance with paragraph 1 of this article, and the net proceeds from the sale of the cargo.

3. Losses from damage or destruction of objects loaded onto a ship without the knowledge of the shipowner or his agents, as well as from damage or destruction of cargo that was deliberately delivered for transportation with the wrong name, are not recognized as general average. If such property is saved, its owners are obliged to participate on a general basis in contributions for general average.

Owners of goods whose value, when handed over for transportation, is declared lower than their actual value, participate in general average contributions in accordance with the actual value of the goods, but receive compensation for losses only in accordance with the declared value of the goods.

1. Errors in calculations discovered in the average statement after its registration in the register of average statements can be corrected by the average adjuster on his own initiative or at the request of the persons among whom the general average is distributed, by drawing up an addition to the statement of average (addendum), which is its component part.

2. Persons among whom the general average is distributed may challenge the average statement in court within six months from the date of receipt of the average statement or addendum to it, with the obligatory notification of this to the average adjuster by sending him a copy of the statement of claim.

3. The average adjuster has the right or, if necessary, the obligation to take part in the consideration of the dispute about the average adjustment in court and give explanations on the merits of the case.

4. The court considering a dispute about the average statement may leave the statement in force, make changes to it or cancel it and instruct the average adjuster to draw up a new statement in accordance with the court decision.

1. If the collision of ships occurs accidentally or due to force majeure, or it is impossible to establish the reasons for the collision of ships, the losses are borne by the one who suffered them.

2. The rule established by paragraph 1 of this article also applies if the vessels or one of them were at anchor at the time of the collision or were secured in another way.

1. In order to limit his liability for damage from pollution in accordance with this Code, the owner of the ship must create a fund for limiting liability for a total amount equal to the limit of his liability in the court or arbitration court in which a claim was brought against him for compensation for damage from pollution or may be presented in accordance with the competence of the court or arbitration court established by Article 325 of this Code. Such a fund may be created by depositing an amount with a court or arbitration court or by providing a bank guarantee or other financial security acceptable in accordance with the legislation of the Russian Federation and recognized as sufficient by the court or arbitration court.

2. Expenses and donations, insofar as they are reasonable and made voluntarily by the owner of the ship for the purpose of preventing or reducing damage from pollution, shall give him the same rights in relation to the limitation fund as other creditors.

3. The insurer or other person providing financial security has the right to create a fund for limiting liability in accordance with this article on the same terms and conditions as if the fund had been created by the owner of the ship. Such a fund may be created if, even in accordance with this Code, the owner of the ship cannot limit his liability. The creation of such a fund does not affect in this case rights of victims in relation to the owner of the vessel.

4. The liability limitation fund created in accordance with paragraph 1 of this article is subject to the rules on the distribution of the liability limitation fund established by this Code.

5. If the owner of the ship after the incident has created a fund for limiting liability in accordance with this article and has the right to limit liability:

no person claiming compensation for pollution damage caused as a result of this incident shall have the right to have such claim satisfied at the expense of any other property of the ship owner;

the court or arbitration tribunal shall order the release of a ship or other property belonging to the owner of the vessel that has been seized as part of a claim for compensation for pollution damage caused by such incident, and shall also release any bond or other security provided to prevent such seizure.

The rules established by this paragraph shall apply in the event that a person claiming compensation for pollution damage has the right to protection in a court or arbitration tribunal that administers a liability limitation fund, and such fund can actually be used to satisfy the claim of such person.

1. In case of damage as a result of an incident with

October 3, 2018 Vladimir Putin signed an increase in the retirement age in Russia, which was adopted by the State Duma on September 27 in its final form, taking into account the recommended amendments. The main one is to increase the retirement age for Russians by 5 years - that is from 60 to 65 years for men and from 55 to 60 years for women. The transition to new values ​​is proposed to be carried out gradually, starting already from January 1, 2019.

The retirement age will increase annually for 1 year with the exception of those Russians who will reach old retirement age (60/55 years) in the next 2 years - in 2019 and 2020. For them, in order to mitigate the consequences of the reform, a new retirement age (for example, in 2019, the retirement period for women and men will increase by only 6 months instead of 1 year).

With text Law of October 3, 2018 No. 350-FZ the increase in the retirement age, which has already been signed by the President and officially published, can be found below. Basic provisions new reform come into force on January 1, 2019.

It is worth noting that consideration of the bill caused lively debate among deputies of the State Duma, however, in all readings the document was adopted by majority vote(primarily thanks to the support of the faction " United Russia", which has a parliamentary majority).

Changes in pension legislation since 2019

The new pension law from 2019 contains adjustments to the retirement age for future recipients the following types pensions:

The changes provided for by law are being implemented from January 1, 2019 with a transition period, during which the retirement age will be gradually changed until it reaches the value established by law. However, adjustments will be introduced for civil servants one year later - from 2020, since for them this process has already been going on for several years - since January 1, 2017, in accordance with a similar law No. 143-FZ of May 23, 2016 (i.e., for civil servants, the schedule for changing the retirement age adopted since 2017 by the new law, starting from 2020).

It is worth noting that all proposed changes to pension legislation since 2019 won't touch those Russian citizens who are already receiving a pension- the new measures are aimed only at extending the “period of working capacity” for future pensioners who must reach retirement age in 2019.

Receipt of old age insurance pension from 2019

From January 1, 2019, the release dates will be adjusted. Initially, the Government, under the new law, taking into account the transitional provisions, planned to establish new age retirement - for men 65 years old, for women 63 years old. However, according to the President’s proposal, the age for women was reduced to 60 years, i.e. As a result, the increase for men and women will be the same - by 5 years.

And this increase will occur in stages - with an annual increase of 1 year(and taking into account the adopted presidential amendments - except for the first two years of the new law: 2019 and 2020) until the final standards established by the new law for men and women are reached in 2023 (60 years for men and 55 years for women).

To determine the year in which an old-age pension was assigned under the new law, you can use the data presented in the table:

Table - Retirement from 2019 by year

Note: The table has already been adjusted taking into account the final content on raising the retirement age, adopted by the State Duma in the third reading at a meeting on September 27, 2018 and signed by the President on October 3, 2018.

Thus, the following conclusions can be drawn:

• Changes under the new law will apply to all citizens of the Russian Federation who were supposed to retire in old age starting from 01/01/2019 - that is women born in 1964 and men born in 1959.
• For 5 years, a so-called “transition period” will operate for women and men, within which the retirement age will increase by 1 year annually(except for the first two years of the transition period, when you can retire six months earlier).
• For women from 1968 and men from 1963 will already be installed final values ​​- 60 and 65 years. Accordingly, they will be the first in Russia to retire later by all 5 years of difference adopted by the State Duma - in 2028 instead of 2023 under the old law (see table above).

However, the new law provides for the possibility of reducing the retirement age by 24 months. This reduction is established if women have 37 years of experience (if they have reached 55 years of age) and 42 years of experience for men (if they have reached 60 years of age).

Preferential pensions for teachers, medical workers, creative workers from 2019

According to the old law, teachers and health workers for early exit To qualify for an old-age pension, you were required to have 25-30 years of work experience (depending on the place of work). According to the new law, the right to early assignment of a pension in the presence of such length of service is retained, but the withdrawal deadline carried forward for 5 years after purchase required quantity years of experience. In this case, a gradual increase in the term of appointment is provided (annually by 1 year, except for the first two years with the provided preferential exit for retirement) in the period from 2019 to 2023 until the required value of 5 years is reached.

The deadlines for assigning early insurance pensions for teachers and doctors by year are shown in the table:

Thus, from 01/01/2019, go to early insurance pension and after obtaining the required experience, it will be possible only after the number of years established by law: from 0.5 to 4 years in the period from 2019 to 2022 and after 5 years, starting in 2023. Also, for these categories of workers, the possibility of retiring at the new generally established retirement age remains - upon reaching 60 or 65 years of age.

For employees creative activity(in theaters and theatrical and entertainment organizations), according to the old law, the possibility of early retirement, depending on the nature of the work, was provided at the age of 50-55 years with 15-30 years of work experience. The new pension law from 2019 also sets a new retirement age for such workers - 55-60 years subject to the same length of service requirements. The increase will also occur annually for 1 year until the value provided for by the new law is established (see similar examples in the tables above).

Raising the retirement age for workers in the Far North

Until the end of 2018, for those working in the regions of the Far North (RKS) and equivalent areas (MKS), the legislation establishes the age for the emergence of the right to - respectively 50 and 55 years for women and men. Unfortunately, as a result of the pension reform for northerners, changes in the retirement age will also be provided - accordingly up to 55 and 60 years old.

The Government explains such measures by the changed situation in the northern regions of the country: infrastructure is developing, the life expectancy of Russians is increasing and living conditions are improving.

Until new values ​​are established for RKS and ISS workers also a transition period is provided: from 2019 to 2023 for men and women. During it, the standard age will increase by 1 year annually until it is set at 55 and 60 years (except for 2019 and 2020, when “preferential” conditions for retirement will still apply).

It should be noted that changes to the rules for assigning northern pensions working in difficult and hazardous working conditions(underground work, hot shops, metallurgical, chemical, petrochemical industries, etc.).

Retirement of civil servants from 2019

Changes in pension legislation will also affect. For them, retirement age has already increased since January 1, 2017, but the previously adopted law provided for an increase in the value to 63 and 65 years annually in six-month increments. According to the new law, the retirement age for civil servants will increase from 01/01/2020 at the same pace as for other citizens - annually for 1 year.

The change for civil servants will occur according to a new schedule presented in the table:

Thus, the rules for changing the retirement age of civil servants provided for by the old law will be adjusted. Transition period, during which there will be a gradual increase in the retirement age, will be reduced for women by 6 years (until 2026 instead of the previous 2032), for men - by 3 years (until 2023 instead of 2026). That is the increase will happen faster.

Social pensions from 2019

In addition to those already discussed above, pension reform from 2019, a number of changes are envisaged regarding the conditions of appointment, in particular social pensions old age, intended for persons who have not worked out what is necessary.

Until 2019, persons who had reached the age of 65 years for men and 60 years for women were eligible (i.e., 5 years later than the generally established retirement age of 60/55 years for 2018). Under the new law, such a right will arise only upon reaching 70 and 65 years of age(i.e. also with an increase of 5 years relative to the new age of 65/60 years).

At the same time, for social pensions, the law also provides for transitional provisions that establish a gradual increase in the retirement age, starting January 1, 2019(and in 2019 and 2020, preferential retirement conditions will apply, in accordance with those proposed by the President).

All provided by law new retirement ages for receiving social pensions for men and women (70 and 65 years old, respectively) will be finally established in 2023.

Who will not be affected by raising the retirement age in Russia?

First of all, changes provided for by law from 2019 will not affect those who are already retired- all pensioners will continue to receive all payments already assigned to them in accordance with previously acquired rights and benefits.

In addition, the adopted law does not provide increasing the retirement age for certain categories of citizens:

1. Those employed in work with heavy and harmful conditions labor, namely:
   • employees for whose benefit the employer pays insurance premiums at the appropriate tariffs, which were determined as a result of a special assessment of working conditions;
   • pilots civil aviation, engineering and technical staff for aircraft maintenance;
   • flight test personnel involved in testing aircraft and other equipment;
   • workers of locomotive crews, workers organizing transportation and ensuring traffic safety on railway transport and in the metro;
   • drivers of construction, road, loading and unloading equipment;
   • tractor drivers working in agriculture and other areas;
   • workers in logging, timber rafting, as well as those involved in servicing machinery and equipment;
   • truck drivers in mines, quarries, shafts, etc.;
   • in underground or open-pit mining, in mine rescue units, in the extraction of shale, coal, ore and other minerals;
   • in the construction of mines and mines;
   • in geological exploration, search, topographic teams and expeditions, in survey and other work;
   • in the sea crew, river fleet, in the fishing industry;
   • drivers passenger transport on regular city routes (buses, trolleybuses, trams);
   • lifeguards in emergency services;
   • working with convicts in organizations executing criminal sentences in the form of imprisonment;
   • women working in the textile industry with heavy loads in high-intensity conditions and others.
2. Citizens who are entitled to a pension for health reasons or social reasons:
   • one of the parents or guardians who raised them until they reached the age of 8;
   • visually impaired people of group 1;
   • women who have given birth to 5 or more children and raised them until they reach 8 years of age;
   • women who have given birth to 2 or more children and have established work experience in the Far North and equivalent areas, and others.
3. Persons who suffered as a result of man-made or radiation disasters (at the Chernobyl nuclear power plant, the Mayak chemical plant, the Semipalatinsk test site, etc.).

A complete detailed list of persons who will not be affected by the Government's planned increase in the retirement age from 2019 is provided in (PDF file format), prepared by specialists Pension Fund RF.