Article 11 of the law on pensions. Legislative base of the Russian Federation. Chapter II. conditions for assigning labor pensions
1) the period of military service, as well as other service equivalent to it, provided for by the Law of the Russian Federation "On pensions for persons who have completed military service, service in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, troops of the National Guard of the Russian Federation, enforcement agencies of the Russian Federation, and their families";
2) the period of receipt of benefits for compulsory social insurance during the period of temporary disability;
3) the period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than four and a half years in total;
4) the period of receiving unemployment benefits, the period of participation in paid public works and the period of moving or resettlement in the direction of the state employment service to another area for employment;
5) the period of detention of persons unreasonably brought to criminal responsibility, unreasonably repressed and subsequently rehabilitated, and the period of serving the sentence by these persons in places of deprivation of liberty and exile;
6) the period of care provided by an able-bodied person for a disabled person of group I, a disabled child or a person who has reached the age of 80 years;
7) the period of residence of spouses of military servicemen under contract, together with their spouses, in areas where they could not work due to the lack of employment opportunities, but not more than five years in total;
8) the period of residence abroad of spouses of employees sent to diplomatic missions and consular offices of the Russian Federation, permanent missions of the Russian Federation to international organizations, trade missions of the Russian Federation in foreign states, representative offices of federal executive authorities, government agencies under federal executive authorities or in as representatives of these bodies abroad, as well as to representative offices of state institutions of the Russian Federation (state bodies and state institutions of the USSR) abroad and international organizations, the list of which is approved by the Government of the Russian Federation, but not more than five years in total.
2. The periods provided for in paragraph 1 of this article shall be counted in the length of service in the event that they were preceded and (or) followed by periods of work and (or) other activities (regardless of their duration) specified in article 10 of this Federal Law .
Judicial practice under article 11 of the Federal Law of December 17, 2001 No. 173-FZ
Decision dated August 15, 2019 in case No. А47-7542/2019
Arbitration Court of the Orenburg Region (AC of the Orenburg Region)
A child of the age of one and a half years, documents of the employer on granting parental leave until he reaches the age of one and a half years, other documents confirming the necessary information. 08.11. 2018 IP Belova I.A. re-applied to the tax authority with an application for exemption from payment of insurance premiums dated 06.11. 2018. Letter dated 26.11. 2018 no...
Decision No. 2-1686/2019 2-1686/2019~M-1529/2019 M-1529/2019 dated August 6, 2019 in case No. 2-1686/2019
Dimitrovgrad city court (Ulyanovsk region) - Civil and administrative
As a nurse in an institution for the execution of a criminal sentence in the form of deprivation of liberty. Her continuous experience in PKU IK-3 of the Federal Penitentiary Service of Russia in the Ulyanovsk region is 11 years 26 days (from 07.10.1998 to 03.11.2009). GU-UPFR in Dimitrovgrad 11 . 06.2019 adopted decision No. 651 on the refusal to appoint ...
Decision No. 2A-593/2019 2A-593/2019~M-489/2019 M-489/2019 dated July 25, 2019 in case No. 2A-593/2019
Laishevsky District Court (Republic of Tatarstan) - Civil and administrative
Pension Insurance in the Russian Federation" (as amended by DD.MM.YYYY) in conjunction with the provisions of its Article 17, as well as Articles 2, 3, 10 and 11 of the Federal Law "On Labor Pensions in the Russian Federation" in its constitutional and legal sense , identified by the Constitutional Court of the Russian Federation in this Ruling, do not imply the collection from an individual entrepreneur ...
Decision No. 2-493/2019 2-493/2019~M-393/2019 M-393/2019 dated July 24, 2019 in case No. 2-493/2019
Nytvensky District Court (Perm Territory) - Civil and administrative
The plaintiff refused the funds for the period from November 2010 to December 2018 in the amount of 66,160.38 rubles. In support of the application, he indicates that 13. 11 . 2010 she was assigned an old-age labor pension upon reaching the age of 55 in the amount of 4,077 rubles 31 kopecks. In October and November 2018 from UPFR to...
Decision No. 2-597/2019 2-597/2019~M-464/2019 M-464/2019 dated July 23, 2019 in case No. 2-597/2019
Kireevsky district court (Tula region) - Civil and administrative
Insurance pensions” provides for other periods counted in the insurance period. In particular, the length of service, along with the periods of work and (or) other activities that are provided for in Article 11 of this Federal Law, includes the period of military service, as well as other service equivalent to it, provided for by the Law of the Russian Federation of February 12, 1993 N 4468 -1 "...
Decision No. 2-2792/2019 2-2792/2019~M-2404/2019 M-2404/2019 dated July 23, 2019 in case No. 2-2792/2019
Kuibyshevsky district court of Omsk (Omsk region) - Civil and administrative
During which insurance premiums were paid to the Pension Fund of the Russian Federation, as well as other periods counted in the insurance period. Periods of study Art. Art. 10 and 11 of the law of December 17, 2001 N 173-FZ are not provided as periods included in the insurance period. As follows from the content of the legal norm, there are two independent legal ...
Decision No. 2-2619/2019 2-2619/2019~M-1761/2019 M-1761/2019 dated July 23, 2019 in case No. 2-2619/2019
Industrial District Court of Stavropol (Stavropol Territory) - Civil and administrative
Legal relations considered by the court, and in all cases apply the Constitution of the Russian Federation as an act of direct action. The Decree of the Constitutional Court of the Russian Federation dated 03.06.2004 No. 11 - P states that by defining in the law the legal grounds for assigning pensions, their amounts, the procedure for calculating and paying, the legislator has the right to establish both the general conditions for assigning pensions, and features ...
It does not work Edition from 03.06.2006
| Document name | FEDERAL LAW dated 12/17/2001 N 173-FZ (as amended on 06/03/2006) "ON LABOR PENSIONS IN THE RUSSIAN FEDERATION" |
| Document type | law |
| Host body | president of the rf, cd rf, sf rf |
| Document Number | 173-FZ |
| Acceptance date | 01.01.2002 |
| Revision date | 03.06.2006 |
| Date of registration in the Ministry of Justice | 01.01.1970 |
| Status | It does not work |
| Publication |
|
| Navigator | Notes |
FEDERAL LAW dated 12/17/2001 N 173-FZ (as amended on 06/03/2006) "ON LABOR PENSIONS IN THE RUSSIAN FEDERATION"
This Federal Law, in accordance with the Constitution of the Russian Federation and the Federal Law "On Compulsory Pension Insurance in the Russian Federation", establishes the grounds for the emergence and procedure for exercising the right of citizens of the Russian Federation to labor pensions.
5. Relations related to the provision of pensions to citizens at the expense of the budgets of the constituent entities of the Russian Federation, funds of local budgets and funds of organizations are regulated by regulatory legal acts of state authorities of the constituent entities of the Russian Federation, local governments and acts of organizations.
For the purposes of this Federal Law, the following basic concepts shall apply:
labor pension - a monthly cash payment in order to compensate citizens for wages or other income that the insured persons received before the establishment of a labor pension or lost by disabled family members of the insured persons due to the death of these persons, the right to which is determined in accordance with the conditions and norms, established by this Federal Law;
insurance period - taken into account when determining the right to a labor pension, the total duration of periods of work and (or) other activities during which insurance premiums were paid to the Pension Fund of the Russian Federation, as well as other periods counted in the insurance period;
calculated pension capital - accounting in the manner determined by the Government of the Russian Federation, the total amount of insurance premiums and other receipts to the Pension Fund of the Russian Federation for the insured person and pension rights in monetary terms, acquired before the entry into force of this Federal Law, which is the basis for determining the amount the insurance part of the labor pension;
establishment of a labor pension - assignment of a labor pension, recalculation of its amount, transfer from one type of pension to another;
individual personal account - a set of information about the insurance premiums received for the insured person and other information about the insured person, containing his identification features in the Pension Fund of the Russian Federation, as well as other information that takes into account the pension rights of the insured person in accordance with the Federal Law "On Individual (personalized ) accounting in the system of compulsory pension insurance";
special part of the individual personal account - a section of the individual personal account of the insured person in the system of individual (personalized) accounting in the Pension Fund of the Russian Federation, which takes into account information about insurance premiums received for this person directed to mandatory funded financing of labor pensions, income from their investment and on payments made from pension savings;
pension savings - a set of funds accounted for in the special part of the individual personal account, formed at the expense of insurance premiums received for mandatory funded financing of labor pensions and income from their investment;
expected period of payment of an old-age labor pension - an indicator calculated on the basis of data from the federal executive body on statistics and used to determine the insurance part and the funded part of a labor pension.
Citizens of the Russian Federation who are insured in accordance with the Federal Law "On Compulsory Pension Insurance in the Russian Federation" are entitled to a labor pension, provided that they comply with the conditions provided for by this Federal Law.
Disabled members of the families of the persons specified in the first part of this article are entitled to a labor pension in the cases provided for in article 9 of this Federal Law.
Foreign citizens and stateless persons permanently residing in the Russian Federation are entitled to a labor pension on an equal footing with citizens of the Russian Federation, with the exception of cases established by federal law or an international treaty of the Russian Federation.
1. Citizens who have the right to simultaneously receive labor pensions of various types, in accordance with this Federal Law, are entitled to one pension of their choice.
2. In the cases provided for by the Federal Law "On State Pension Provision in the Russian Federation", it is allowed to simultaneously receive a state pension provision pension established in accordance with the said Federal Law and a labor pension (part of a labor pension) established in accordance with this Federal Law. by law.
3. An application for the appointment of a labor pension (part of a labor pension) may be carried out at any time after the right to a labor pension (part of a labor pension) arises without limitation by any period.
1. In accordance with this Federal Law, the following types of labor pensions are established:
1) old-age labor pension;
2) labor disability pension;
3) labor pension in case of loss of a breadwinner.
2. An old-age labor pension and a labor disability pension may consist of the following parts:
1) base part;
2) insurance part;
3) the cumulative part.
3. Labor pension in case of loss of a breadwinner consists of the following parts:
1) base part;
2) insurance part.
4. Citizens who for some reason do not have the right to a labor pension are provided with a social pension on the terms and in the manner determined by the Federal Law "On State Pension Provision in the Russian Federation".
1. The procedure for financing the parts of labor pensions specified in paragraphs 2 and 3 of Article 5 of this Federal Law, as well as the procedure for accounting for funds on an individual personal account, are determined by the Federal Law "On Compulsory Pension Insurance in the Russian Federation".
2. When amendments and additions are made to this Federal Law that require an increase in the costs of paying labor pensions (parts of labor pensions), the relevant federal law determines the specific source and procedure for financing additional expenses, and federal laws on the introduction of necessary changes are also mandatory adopted. and additions to federal laws on the federal budget and the budget of the Pension Fund of the Russian Federation.
3. Establishment of the funded part of the labor pension is carried out if there are funds accounted for in the special part of the individual personal account of the insured person.
Chapter II. Conditions for the appointment of labor pensions1. Men who have reached the age of 60 and women who have reached the age of 55 have the right to an old-age labor pension.
2. An old-age labor pension is assigned if there is at least five years of insurance experience.
1. A labor disability pension is established in the event of a disability in the presence of a limitation of the ability to work of the III, II or I degree, determined by medical indications.
2. The procedure for recognizing a citizen as a disabled person by the bodies of the State Medical and Social Expertise, the procedure for establishing the period of disability and the degree of limitation of the ability to work, the procedure for establishing the time of onset of disability and the causal relationship of disability or death of the breadwinner with the commission by a citizen of a criminally punishable act or intentional damage to him their health, which are established in a judicial proceeding, are approved by the Government of the Russian Federation.
3. A labor disability pension is established regardless of the cause of disability (with the exception of cases provided for in paragraph 4 of this article), the length of the insurance period of the insured person, the continuation of labor activity by the disabled person, and also whether the disability occurred during the period of work, before entering work or after work stoppage.
4. In the event of the complete absence of an insurance period for a disabled person, as well as in the event of disability due to the commission of an intentional criminally punishable act by him or the deliberate infliction of damage to his health, which are established in court, a social disability pension is established in accordance with the Federal Law "On State Pension security in the Russian Federation". In this case, paragraph 5 of this article shall apply.
5. In the presence of pension savings accounted for in the special part of the individual personal account of the insured person recognized as disabled, the funded part of the labor disability pension is established for this insured person not earlier than he reaches the age provided for in paragraph 1 of Article 7 of this Federal Law, and for disabled people since childhood, having limited ability to work III and II degree - regardless of age; persons suffering from pituitary dwarfism (Lilliputians), disproportionate dwarfs and visually impaired persons with III degree disability - not earlier than they reach the age provided for in Article 28 of this Federal Law, respectively.
1. Disabled members of the family of the deceased breadwinner, who were his dependents, have the right to a labor pension in the event of the loss of a breadwinner. One of the parents, spouse or other family members specified in subparagraph 2 of paragraph 2 of this article shall be granted the said pension regardless of whether or not they were dependent on the deceased breadwinner. The family of the missing breadwinner is equated to the family of the deceased breadwinner, if the missing breadwinner is certified in the prescribed manner.
2. Disabled members of the family of the deceased breadwinner are recognized:
1) children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner studying full-time in educational institutions of all types and types, regardless of their organizational and legal form, for with the exception of educational institutions of additional education, until they complete such training, but not longer than until they reach the age of 23 years or children, brothers, sisters and grandchildren of the deceased breadwinner older than this age, if they became disabled before reaching the age of 18 years, having limited ability to labor activity. At the same time, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled members of the family, provided that they do not have able-bodied parents;
2) one of the parents or a spouse or grandfather, grandmother of the deceased breadwinner, regardless of age and ability to work, as well as a brother, sister or child of the deceased breadwinner who has reached the age of 18, if they are engaged in caring for the children, brothers, sisters or grandchildren of the deceased breadwinner, do not who have reached the age of 14 and are entitled to a labor pension in case of loss of a breadwinner in accordance with subparagraph 1 of this paragraph, and do not work;
3) the parents and spouse of the deceased breadwinner, if they have reached the age of 60 and 55 years (men and women, respectively) or are disabled persons with limited ability to work;
4) the grandfather and grandmother of the deceased breadwinner, if they have reached the age of 60 and 55 years (men and women, respectively) or are disabled persons with limited ability to work, in the absence of persons who, in accordance with the legislation of the Russian Federation, are obliged to support them.
3. Family members of the deceased breadwinner are recognized as being dependent on him if they were fully supported by him or received assistance from him, which was for them a permanent and main source of livelihood.
4. Dependence of the children of deceased parents is assumed and does not require proof, with the exception of the said children who are declared in accordance with the legislation of the Russian Federation as fully capable or who have reached the age of 18 years.
5. Disabled parents and the spouse of the deceased breadwinner, who were not dependent on him, have the right to a labor pension in case of the loss of the breadwinner, if they, regardless of the time that has passed since his death, have lost their source of livelihood.
6. Family members of the deceased breadwinner, for whom his assistance was a permanent and main source of livelihood, but who themselves received a pension, have the right to transfer to a labor pension in case of loss of a breadwinner.
7. Labor pension in case of loss of the breadwinner-spouse is preserved upon entering into a new marriage.
8. Adoptive parents have the right to a labor pension in case of loss of a breadwinner on an equal basis with their parents, and adopted children - on an equal basis with their own children. Minor children who are entitled to a survivor's pension shall retain this right upon adoption.
9. A stepfather and a stepmother are entitled to a survivor's pension on an equal footing with the father and mother, provided that they raised and supported the deceased stepson or stepdaughter for at least five years. A stepson and stepdaughter are entitled to a survivor's pension on an equal footing with their own children if they were raised and supported by a deceased stepfather or stepmother, which is confirmed in the manner determined by the Government of the Russian Federation.
10. A labor pension in case of loss of a breadwinner is established regardless of the duration of the insurance period of the breadwinner, as well as on the cause and time of his death, except for the cases provided for in paragraph 11 of this article.
11. In the event that the deceased breadwinner has no insurance record, and also in the event of his death as a result of the commission of an intentional criminally punishable act or deliberate damage to his health, which are established in court, a social pension is established in connection with the death of the breadwinner in accordance with the Federal Law "On State Pension Provision in the Russian Federation". In this case, paragraph 12 of this article shall apply.
12. In the event that the death of the insured person occurred before the assignment of the funded part of the old-age labor pension to him or before the recalculation of the size of this part of the specified pension, taking into account additional pension savings, the funds recorded in the special part of his individual personal account are paid in the prescribed manner to persons specified in paragraph 6 of Article 16 of this Federal Law. At the same time, the insured person has the right at any time, by submitting an appropriate application to the Pension Fund of the Russian Federation, to determine specific persons from among those indicated in paragraph 6 of Article 16 of this Federal Law or from among other persons to whom such payment may be made, and also to establish in which shares, the funds indicated above should be distributed among them. In the absence of this application, the funds recorded in the special part of the individual personal account, payable to the relatives of the insured person, are distributed among them in equal shares.
Chapter III. Insurance experience1. The length of service includes periods of work and (or) other activities that were performed on the territory of the Russian Federation by persons specified in part one of Article 3 of this Federal Law, provided that insurance premiums were paid to the Pension Fund of the Russian Federation for these periods.
: The third paragraph of clause 7 and clause 1 of article 10 of the Federal Law "On labor pensions in the Russian Federation" are recognized as inconsistent with the Constitution of the Russian Federation, its articles 19 (parts and), 39 (parts and), 45 (part 1) and 55 (part 3 ), to the extent that the regulatory provisions contained therein in conjunction with other legislative regulations governing the conditions for the appointment and size of labor pensions - in the absence of sufficient guarantees in the current regulation for the unhindered exercise of the pension rights of insured persons who worked under an employment contract and fulfilled the stipulated by law, the conditions for acquiring the right to a labor pension, in the event of non-payment or incomplete payment by the insured (employer) of insurance premiums for certain periods of labor activity of these persons - allow not including such periods in their insurance period, taken into account when determining the right to a labor pension, and reduce appointment (recalculation) of the labor pension, the amount of its insurance part - Resolution of the Constitutional Court of the Russian Federation of 10.07.2007 N 9-P
2. The periods of work and (or) other activities that were performed by the persons specified in the first part of Article 3 of this Federal Law outside the territory of the Russian Federation are included in the length of service in cases provided for by the legislation of the Russian Federation or international treaties of the Russian Federation, or in in case of payment of insurance premiums to the Pension Fund of the Russian Federation in accordance with Article 29 of the Federal Law "On Compulsory Pension Insurance in the Russian Federation".
1. The length of service, along with the periods of work and (or) other activities, which are provided for in Article 10 of this Federal Law, shall include:
1) the period of military service, as well as other service equivalent to it, provided for by the Law of the Russian Federation "On pensions for persons who have served in military service, service in the internal affairs bodies, the State Fire Service, institutions and bodies of the penitentiary system, and their families ";
2) the period of receipt of state social insurance benefits during the period of temporary incapacity for work;
3) the period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than three years in total;
4) the period of receipt of unemployment benefits, the period of participation in paid public works and the period of moving in the direction of the state employment service to another locality for employment;
6) the period of care provided by an able-bodied person for a disabled person of group I, a disabled child or a person who has reached the age of 80 years.
2. The periods provided for in paragraph 1 of this article shall be counted in the length of service in the event that they were preceded and (or) followed by periods of work and (or) other activities (regardless of their duration) specified in article 10 of this Federal Law .
1. The calculation of the length of service required to acquire the right to a labor pension is carried out in a calendar order. If several periods specified in Articles 10 and 11 of this Federal Law coincide in time, one of such periods is taken into account when calculating the insurance period at the choice of the person who applied for the said pension.
2. When calculating the insurance period, the periods of work during the full navigational period on water transport and during the full season in organizations of seasonal industries determined by the Government of the Russian Federation are taken into account in such a way that the duration of the insurance period in the corresponding calendar year is a full year.
1. When calculating the insurance period, the periods of work and (or) other activities that are provided for in Articles 10 and 11 of this Federal Law, prior to the registration of a citizen as an insured person in accordance with the Federal Law "On Individual (Personalized) Registration in the Compulsory Pension Insurance System" are confirmed by documents issued in accordance with the established procedure by employers or relevant state (municipal) bodies.
2. When calculating the insurance period, the periods of work and (or) other activities that are provided for in Articles 10 and 11 of this Federal Law, after the registration of a citizen as an insured person in accordance with the Federal Law "On Individual (Personalized) Registration in the System of Compulsory Pension Insurance" confirmed on the basis of information of individual (personalized) accounting.
3. When calculating the length of service, the periods of work in the territory of the Russian Federation, provided for in Article 10 of this Federal Law, prior to the registration of a citizen as an insured person in accordance with the Federal Law "On Individual (Personalized) Accounting in the System of Compulsory Pension Insurance" may be established on the basis of testimony two or more witnesses, if the work documents are lost due to a natural disaster (earthquake, flood, hurricane, fire, etc.) and it is impossible to restore them. In some cases, it is allowed to establish the length of service on the basis of the testimony of two or more witnesses in case of loss of documents and for other reasons (due to their careless storage, deliberate destruction, and similar reasons) through no fault of the employee.
4. The rules for calculating and confirming the insurance period, including on the basis of testimonies, are established in the manner determined by the Government of the Russian Federation.
Chapter IV. Sizes of labor pensions1. The amount of the basic part of the old-age labor pension is set at 900 rubles per month.
2. For persons who have reached the age of 80 or who are disabled and have a third-degree disability, the amount of the basic part of the old-age labor pension is set at 1,800 rubles per month.
3. For persons who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the amount of the basic part of the old-age labor pension is established in the following amounts:
1) if there is one such family member - 1,200 rubles per month;
2) if there are two such family members - 1,500 rubles per month;
3) if there are three or more such family members - 1,800 rubles per month.
4. For persons who have reached the age of 80 or who are disabled, have a III degree disability, who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the amount of basic part of the old-age labor pension is established in the following amounts:
1) if there is one such family member - 2,100 rubles per month;
2) if there are two such family members - 2,400 rubles per month;
3) if there are three or more such family members - 2,700 rubles per month.
4.1. The amount of the basic part of the old-age labor pension for persons living in the regions of the Far North and areas equated to them is increased by the appropriate regional coefficient established by the Government of the Russian Federation depending on the area (locality) of residence, for the entire period of residence of these persons in these regions (locities) ).
When citizens leave the regions of the Far North and equivalent areas to a new place of residence, the size of the basic part of the old-age labor pension is determined in accordance with paragraphs 1-4 of this article.
When citizens move to a new place of residence in other regions of the Far North and areas equated to them, in which other regional coefficients are established, the size of the base part of the old-age labor pension is determined taking into account the size of the regional coefficient for the new place of residence.
5. The amount of the insurance part of the old-age labor pension is determined by the formula:
MF \u003d PC / T, where
SCH - the insurance part of the old-age labor pension;
PC - the amount of the estimated pension capital of the insured person, taken into account as of the day from which the insurance part of the old-age labor pension is assigned to the specified person;
T is the number of months of the expected period for the payment of an old-age labor pension used to calculate the insurance part of the specified pension, which is 19 years (228 months).
The amount of the insurance part of the old-age labor pension of insured persons who have been recipients of the insurance part of the labor disability pension for at least 10 years in total cannot be less than the amount of the insurance part of the labor disability pension, which was established for these persons as of the day from which they were definitively terminated the payment of the specified part of this pension.
6. When assigning the insurance part of an old-age labor pension at a later age than provided for in paragraph 1 of Article 7 of this Federal Law, the expected period for the payment of an old-age labor pension (paragraph 5 of this Article) is reduced by one year for each full year that has elapsed since day of reaching the specified age. At the same time, the expected period of payment of an old-age labor pension used to calculate the amount of the insurance part of the specified pension cannot be less than 14 years (168 months).
7. When recalculating the insurance part of an old-age labor pension in accordance with paragraphs 3 and 4 of Article 17 of this Federal Law, the expected period for paying an old-age labor pension (paragraphs 5 and 6 of this Article) is reduced by one year for each full year that has elapsed from the date of appointment specified part of this pension. At the same time, the specified period, including taking into account its reduction in the case provided for in paragraph 6 of this article, cannot be less than 14 years (168 months).
Clause 8 - Repealed.
9. The amount of the funded part of the old-age labor pension is determined by the formula:
LF = PN / T, where
PN - the amount of pension savings of the insured person, recorded in the special part of his individual personal account as of the day from which the funded part of the old-age labor pension is assigned to him;
T - the number of months of the expected period for the payment of an old-age labor pension used to calculate the funded part of the specified pension, determined in the manner prescribed by federal law.
10. If an old-age labor pension is established, which includes the insurance part and (or) the funded part of the specified pension, the funds reflected in the individual personal account and (or) in the special part of the individual personal account and taken into account when assigning this pension are not are taken into account when recalculating the relevant part of the old-age labor pension on the grounds provided for in paragraphs 3, 4 and 10 of Article 17 of this Federal Law, and when indexing the estimated pension capital provided for in paragraph 8 of Article 30 of this Federal Law.
11. The amount of the old-age labor pension is determined by the formula:
P \u003d warhead + midrange + bass, where
P - the size of the old-age labor pension;
BC - the basic part of the old-age labor pension (paragraphs 1-4.1 of this article);
SC - the insurance part of the old-age labor pension (paragraph 5 of this article);
NC - the funded part of the old-age labor pension (paragraph 9 of this article).
1. The amount of the basic part of the labor disability pension, depending on the degree of limitation of the ability to work, is established in the following amounts:
1) at the III degree - 1,800 rubles per month;
2) at the II degree - 900 rubles per month;
3) at the I degree - 450 rubles per month.
2. For persons who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the amount of the basic part of the labor disability pension is determined in the following amounts:
1) at III degree:
if there is one such family member - 2,100 rubles per month;
if there are two such family members - 2,400 rubles per month;
if there are three or more such family members - 2,700 rubles per month;
2) at II degree:
if there is one such family member - 1,200 rubles per month;
if there are two such family members - 1,500 rubles per month;
If there are three or more such family members - 1,800 rubles per month;
3) at the I degree:
If there is one such family member - 750 rubles per month;
if there are two such family members - 1,050 rubles per month;
if there are three or more such family members - 1,350 rubles per month.
2.1. The amount of the basic part of the labor disability pension for persons living in the regions of the Far North and areas equated to them is increased by the appropriate regional coefficient established by the Government of the Russian Federation depending on the area (locality) of residence, for the entire period of residence of these persons in the indicated regions (locities) ).
When citizens leave the regions of the Far North and areas equated to them to a new place of residence, the size of the basic part of the labor disability pension is determined in accordance with paragraphs 1 and 2 of this article.
When citizens move to a new place of residence in other regions of the Far North and areas equated to them, in which other regional coefficients are established, the size of the base part of the disability labor pension is determined taking into account the size of the regional coefficient for the new place of residence.
3. The amount of the insurance part of the labor disability pension is determined by the formula:
MF \u003d PC / (T x K), where
SCH - the insurance part of the labor pension;
PC - the amount of the estimated pension capital of the insured person, taken into account as of the day from which the insurance part of the labor pension is assigned to him;
T is the number of months of the expected period for the payment of an old-age labor pension (Item 5 of Article 14 of this Federal Law);
K - the ratio of the standard duration of the insurance period (in months) as of the specified date to 180 months. The standard duration of the insurance period until the disabled person reaches the age of 19 is 12 months and increases by 4 months for each full year of age, starting from 19 years, but not more than 180 months.
4. The amount of the base part and the insurance part of the labor disability pension in case of the I degree of limitation of the ability to work cannot be less than 660 rubles per month.
5. The amount of the funded part of the labor disability pension is determined by the formula:
LF = PN / T, where
NP - the funded part of the labor pension;
PN - the amount of pension savings of the insured person, recorded in the special part of his individual personal account as of the day from which the funded part of the labor pension is assigned to the specified person;
T is the number of months of the expected period for the payment of an old-age labor pension (Item 9 of Article 14 of this Federal Law).
6. In the event of an indefinite establishment of the insurance part and (or) the funded part of the labor disability pension, the funds reflected in the individual personal account and (or) in its special part are not taken into account when recalculating the corresponding part of the specified pension on the grounds provided for in paragraphs 3 and 10 Article 17 of this Federal Law, and indexation of the calculated pension capital provided for in paragraph 8 of Article 30 of this Federal Law.
In the event that the insurance part and (or) the funded part of the labor disability pension for a certain period is established (subparagraph 2 of paragraph 6 of Article 19 of this Federal Law) when recalculating the corresponding part of the specified pension on the grounds provided for in paragraphs 3 and 10 of Article 17 of this Federal Law, and indexation of the calculated pension capital, provided for by Clause 8 of Article 30 of this Federal Law, does not take into account that part of the funds reflected in the individual personal account and (or) in its special part, which corresponds to the duration of the period for which the specified parts of the specified pension are established.
7. The size of the labor disability pension is determined by the formula:
P \u003d warhead + midrange + bass, where
P - the size of the labor disability pension;
BC - the basic part of the labor disability pension (paragraphs 1-2.1 of this article);
SC - the insurance part of the labor disability pension (paragraph 3 of this article);
NC - the funded part of the labor disability pension (paragraph 5 of this article).
1. The size of the basic part of the labor pension in case of loss of a breadwinner is established in the following amounts:
children specified in subparagraph 1 of paragraph 2 of Article 9 of this Federal Law who have lost both parents, or children of a deceased single mother (orphans) - 900 rubles per month (for each child);
to other disabled members of the family of the deceased breadwinner specified in paragraph 2 of Article 9 of this Federal Law - 450 rubles per month (for each family member).
(as amended by Federal Law No. 3-FZ of February 14, 2005)
1.1. The amount of the basic part of the labor pension in case of loss of a breadwinner for persons living in the regions of the Far North and areas equated to them is increased by the appropriate regional coefficient established by the Government of the Russian Federation depending on the area (locality) of residence, for the entire period of residence of these persons in these areas (localities).
When citizens leave the regions of the Far North and equated areas to a new place of residence, the size of the basic part of the labor pension in case of loss of a breadwinner is determined in accordance with paragraph 1 of this article.
When citizens move to a new place of residence in other regions of the Far North and areas equated to them, in which other regional coefficients are established, the size of the basic part of the labor pension in case of loss of a breadwinner is determined taking into account the size of the regional coefficient for the new place of residence.
2. The amount of the insurance part of the labor pension in case of loss of a breadwinner for each disabled family member is determined by the formula:
MF \u003d PC / (T x K) / KN, where
SCH - the insurance part of the labor pension in case of loss of the breadwinner;
PC - the amount of the estimated pension capital of the deceased breadwinner, taken into account as of the day of his death;
T - the number of months of the expected period for the payment of an old-age pension (Item 5 of Article 14 of this Federal Law);
K - the ratio of the normative duration of the insurance experience of the breadwinner (in months) as of the day of his death to 180 months. The normative duration of the insurance period until the deceased breadwinner reaches the age of 19 is 12 months and increases by 4 months for each full year of age, starting from 19 years, but not more than 180 months;
KN - the number of disabled members of the family of the deceased breadwinner who are recipients of the specified pensions established in connection with the death of this breadwinner as of the day from which the labor pension is assigned in the event of the loss of the breadwinner to the corresponding disabled family member.
If the survivor's labor pension is established in connection with the death of a person who, on the day of death, was established the insurance part of the old-age labor pension or the insurance part of the labor pension for disability, the amount of the insurance part of the labor pension in the event of the loss of the breadwinner for each disabled member family is determined by the formula:
MF \u003d MFp / KN, where
SCh - the size of the insurance part of the labor pension in case of loss of the breadwinner;
SChp - the amount of the insurance part of the old-age labor pension or disability labor pension, established for the deceased breadwinner as of the day of his death.
The amount of the insurance part of the labor pension in case of loss of the breadwinner cannot be less than the amount of the insurance part of the labor pension in case of loss of the breadwinner, which was originally assigned to other members of the family of the deceased breadwinner in connection with the death of the same breadwinner.
3. The size of the labor pension in case of loss of a breadwinner is determined by the formula:
P \u003d warhead + midrange, where
P - the size of the labor pension on the occasion of the loss of the breadwinner;
BC - the basic part of the labor pension in the event of the loss of a breadwinner (clauses 1-1.1 of this article);
SC - the insurance part of the labor pension in the event of the loss of a breadwinner (paragraph 2 of this article).
4. The amount of the labor pension for the loss of a breadwinner (paragraph 3 of this article), established for the persons indicated in paragraph three of paragraph 1 of this article, cannot be less than 660 rubles per month.
(as amended by Federal Law No. 3-FZ of February 14, 2005)
5. When establishing the size of the labor pension in case of loss of a breadwinner, which includes the size of the insurance part of the specified pension, the funds recorded on the individual personal account of the deceased breadwinner are debited from the specified account, and the account is closed.
6. In the case provided for by Clause 12 of Article 9 of this Federal Law, the persons indicated in the application of the insured person on the procedure for distributing the funds accounted for in the special part of the individual personal account are paid the said funds.
In the absence of the specified application of the insured person, the payment is made to his relatives, which include his children, including adopted children, spouse, parents (adoptive parents), brothers, sisters, grandfathers, grandmothers and grandchildren, regardless of age and state of working capacity, in the following sequence:
1) first of all - to children, including adopted children, spouse and parents (adoptive parents);
2) in the second place - brothers, sisters, grandfathers, grandmothers and grandchildren.
The payment of funds to the relatives of the deceased breadwinner of one stage is carried out in equal shares. Relatives of the second stage are entitled to receive funds recorded in the special part of the individual personal account of the deceased breadwinner, only in the absence of relatives of the first stage.
If the insured person does not have relatives specified in this paragraph, these funds are included in the pension reserve. In this case, the special part of the individual personal account of the insured person is closed.
1. The amount of a labor pension is determined on the basis of the relevant data at the disposal of the body providing pensions, as of the day on which this body makes a decision on the appointment of a labor pension, and in accordance with the regulatory legal acts in force on that day.
2. In cases where a pensioner reaches the age of 80, changes in the degree of limitation of the ability to work, the number of disabled family members or the category of recipients of the labor pension in the event of the loss of a breadwinner, an appropriate recalculation of the amount of the basic parts of the old-age labor pension, labor disability pension and labor pension for case of loss of a breadwinner.
3. To a person who carried out work and (or) other activities, which are provided for in Article 10 of this Federal Law, for at least 12 full months from the date of assignment of the insurance part of the old-age labor pension or the insurance part of the labor disability pension or from the date of the previous recalculation the size of the specified part of the relevant labor pension in accordance with this paragraph, upon his application, the amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension is recalculated.
The amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension is recalculated according to the formula:
MF \u003d MFp + PKp / (T x K), where
SCH - the amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension;
SChp - the established amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension as of the day immediately preceding the day from which the corresponding recalculation is made;
Pkp - the amount of the estimated pension capital as of the day from which the corresponding recalculation is made;
T - the number of months of the expected period for the payment of an old-age labor pension (clause 7 of Article 14 of this Federal Law) or a labor disability pension as of the day immediately preceding the day from which the corresponding recalculation is made;
K - coefficient for calculating the size of the old-age labor pension, equal to 1, and for calculating the size of the labor disability pension - the ratio specified in paragraph 3 of Article 15 of this Federal Law. In this case, the standard duration of the insurance period of a disabled person is taken into account as of the day from which the corresponding recalculation is made.
4. If a pensioner refuses to receive the insurance part of the old-age labor pension established for him (in full or in the part determined by him) not less than within 12 full months from the date of assignment of the insurance part of the old-age labor pension or from the date of the previous recalculation of the size of this part of the specified pension, carried out in accordance with this paragraph, upon his application, the amount of the insurance part of the old-age labor pension is recalculated. At the same time, the sums of the insurance part of the old-age labor pension not received by the pensioner for the specified period are subject to crediting to his individual personal account.
The amount of the insurance part of the old-age labor pension is recalculated according to the formula specified in paragraph 3 of this article.
5. The amount of the insurance part of the labor pension is subject to adjustment, taking into account the clarification, according to the data of the individual (personalized) accounting in the compulsory pension insurance system, of information previously provided by the insured about the amount of insurance premiums paid by him to the Pension Fund of the Russian Federation, taken into account when determining the amount of the estimated pension capital to calculate the amount of this part of the specified pension. Such an adjustment is made from July 1 of the year following the year in which the assignment of the labor pension or the recalculation of the size of the labor pension falls, in accordance with paragraphs 3 and 4 of this article.
6. The size of the basic part of the labor pension is indexed to the rate of inflation growth within the funds provided for these purposes in the federal budget and the budget of the Pension Fund of the Russian Federation for the corresponding financial year.
The indexation coefficient and its frequency are determined by the Government of the Russian Federation.
The size of the basic parts of the old-age labor pension, the labor disability pension and the labor pension in case of loss of the breadwinner, provided for in Articles 14-16 of this Federal Law, along with the indexation carried out in accordance with this Article, may, in order to gradually approach the subsistence level of a pensioner be established by separate federal laws simultaneously with the adoption of the federal law on the federal budget for the corresponding financial year.
: Clauses 6 and 7 of Article 17 were applied until December 31, 2005, to the extent that they did not contradict Federal Law No. 3-FZ of February 14, 2005
7. The amount of the insurance part of the labor pension is indexed in the following order:
1) with an increase in prices for each calendar quarter by at least 6 percent - once every three months from the 1st day of the month following the first month of the next quarter, that is, from February 1, May 1, August 1 and November 1 ;
2) at a lower level of price growth, but not less than 6 percent for each half-year - once every six months, that is, from August 1 and February 1, if during the corresponding half-year indexation was not carried out in accordance with subparagraph 1 of this paragraph;
3) in case of price growth for the corresponding half-year by less than 6 percent - once a year from February 1, if indexation was not carried out during the year in accordance with subparagraphs 1 and 2 of this paragraph;
4) the coefficient of indexation of the size of the insurance part of the labor pension is determined by the Government of the Russian Federation based on the level of price growth for the corresponding period and cannot exceed the coefficient of indexation of the size of the basic part of the labor pension for the same period (paragraph 6 of this article);
5) in the event that the annual growth index of the average monthly wage in the Russian Federation exceeds the total coefficient of the indexation of the size of the insurance part of the labor pension in the same year (subparagraphs 1-3 of this paragraph), from April 1 of the next year, an additional increase in the size of the insurance part of the labor pensions for the difference between the annual growth index of the average monthly wage in the Russian Federation and the specified coefficient. At the same time, an additional increase in the size of the insurance part of the labor pension (taking into account the earlier indexation of the specified part of the labor pension) cannot exceed the income growth index of the Pension Fund of the Russian Federation per pensioner allocated for the payment of the insurance part of labor pensions.
8. The annual growth index of average monthly wages in the Russian Federation and the index of income growth of the Pension Fund of the Russian Federation per one pensioner allocated for the payment of the insurance part of labor pensions (subparagraph 5 of paragraph 7 of this article) are determined by the Government of the Russian Federation.
9. The amount of the funded part of the labor pension is subject to annual indexation from July 1 of the year following the year in which it is assigned or recalculated in accordance with paragraph 10 of this article, taking into account income from investing pension savings and changes in the expected period for the payment of labor pensions according to old age (Item 9 of Article 14 of this Federal Law).
10. For persons who carried out work and (or) other activities provided for in Article 10 of this Federal Law, after the appointment of the funded part of the old-age labor pension, once every three years, the amount of the specified part of the labor pension is recalculated, taking into account additional pension savings reflected in the special part of the individual personal account, for the period that has elapsed from the date of the appointment of the specified part of the specified pension, or from the date of the last recalculation of its amount, made in accordance with this paragraph.
The amount of the funded part of the labor pension is recalculated according to the formula:
LF \u003d LFp + PNp / T, where
LF - the size of the funded part of the labor pension;
NCHp - the established amount of the funded part of the labor pension as of the day immediately preceding the day from which the corresponding recalculation is made;
PNP - the amount of additional pension savings received by the Pension Fund of the Russian Federation and accounted for in the special part of the individual personal account for the period that has elapsed from the date of the appointment of the funded part of the labor pension, or from the date of the last recalculation of the size of this part of the labor pension, made in accordance with this paragraph;
T - the number of months of the expected period for the payment of an old-age labor pension (clause 9 of Article 14 of this Federal Law), determined as of the day from which the said recalculation is made.
Chapter V. Appointment, recalculation of sizes, payment and delivery of labor pensions1. Assignment, recalculation and payment of labor pensions, including the organization of their delivery, are carried out by the body providing pensions in accordance with the Federal Law "On Compulsory Pension Insurance in the Russian Federation", at the place of residence of the person who applied for a labor pension. When a pensioner changes his place of residence, the payment of a labor pension, including the organization of its delivery, is carried out at his new place of residence or place of stay on the basis of a pension file and registration documents issued in the prescribed manner by registration authorities.
2. The list of documents required for establishing a labor pension, the rules for applying for the specified pension, its assignment and recalculation of the amount of the specified pension, including for persons who do not have a permanent place of residence on the territory of the Russian Federation, transfer from one type of pension to another, payment of this pensions, maintenance of pension documentation are established in the manner determined by the Government of the Russian Federation.
3. The body providing pensions shall have the right to demand from individuals and legal entities to provide the documents necessary for the appointment, recalculation of the amount and payment of labor pensions, and also to check, in appropriate cases, the validity of the issuance of these documents.
4. The payment of a labor pension, including to working pensioners, is made in the established amount without any restrictions directly by the body providing pensions, or by the organization of the federal postal service, credit or other organization at the request of the pensioner.
5. The delivery of a labor pension to the place of residence or place of stay of a pensioner is carried out at the expense of the sources from which the corresponding labor pension (part of the labor pension) is financed, and is carried out at the request of the pensioner by the body providing pensions, the organization of the federal postal service, a credit or other organization.
6. At the request of a pensioner, a labor pension may be paid by a power of attorney issued in the manner prescribed by the legislation of the Russian Federation. Payment of the specified pension by proxy, the validity of which exceeds one year, is made during the entire period of validity of the power of attorney, subject to annual confirmation by the pensioner of the fact of his registration at the place of receipt of the labor pension in accordance with paragraph 1 of this article.
7. Decisions on the establishment or refusal to establish a labor pension, on the payment of the specified pension, on deductions from this pension and on the recovery of overpaid amounts of such a pension may be appealed to a higher pension body (in relation to the body that made the relevant decision) and (or ) to court.
1. A labor pension (part of a labor pension) shall be granted from the date of applying for the specified pension (for the specified part of the labor pension), except for the cases provided for in paragraph 4 of this article, but in all cases not earlier than from the day the right to the specified pension (specified part of the labor pension).
2. The day of applying for a labor pension (part of a labor pension) is the day of receipt by the body providing pensions of the relevant application with all the necessary documents. If the specified application is sent by mail and all the necessary documents are attached to it, then the day of applying for a labor pension (part of the labor pension) is the date indicated on the postmark of the federal postal organization at the place of sending this application.
3. In the event that the data of individual (personalized) accounting in the system of compulsory pension insurance do not contain the information necessary for assigning a labor pension and (or) not all the necessary documents are attached to the application, the body providing pensions shall give the person who applied for a labor pension , an explanation of what documents he must submit additionally. If such documents are submitted no later than three months from the date of receipt of the relevant explanation, the day of applying for a labor pension (part of a labor pension) is considered the day of receipt of an application for the appointment of a labor pension (part of a labor pension) or the date indicated on the postmark of the organization of the federal postal contact at the place of sending this application.
4. A labor pension (part of a labor pension) shall be assigned earlier than the day of applying for a labor pension (part of a labor pension) specified in paragraph 2 of this article in the following cases:
1) an old-age labor pension (a part of an old-age labor pension) - from the day following the day of dismissal from work, if the application for the specified pension (the specified part of the labor pension) followed no later than 30 days from the date of dismissal from work;
2) labor disability pension (part of the labor disability pension) - from the day the person was recognized as disabled, if the application for the specified pension (the specified part of the labor pension) followed no later than 12 months from this day;
3) labor pension on the occasion of the loss of the breadwinner - from the day of the death of the breadwinner, if the application for the specified pension followed no later than 12 months from the date of his death, and if this period was exceeded - 12 months earlier than the day when the application for the specified pension followed .
5. An application for the appointment of a labor pension (part of a labor pension), an application for transfer to a labor pension or an application for a transfer from one type of labor pension to another is considered no later than 10 days from the date of receipt of this application or from the date of submission of additional documents in accordance with with paragraph 3 of this article. In case of refusal to satisfy the specified application, the body providing pensions, no later than five days after the adoption of the relevant decision, notifies the applicant about this, indicating the reason for the refusal and the procedure for appealing it, and at the same time returns all documents.
6. Labor pensions (parts of labor pensions) are assigned for the following terms:
1) old-age labor pension (part of the said labor pension) - indefinitely;
2) disability labor pension (part of said labor pension) - for the period during which the relevant person was recognized as disabled, including indefinitely;
3) labor pension in case of loss of a breadwinner - for the period during which the relevant person is considered incapacitated for work, including indefinitely.
7. The transfer from one type of labor pension to another, as well as from another pension established in accordance with the legislation of the Russian Federation, to a labor pension is made from the 1st day of the month following the month in which the pensioner submitted an application for transfer from one type of labor pension to another or from another pension to a labor pension with all the necessary documents (if they are not in his pension file), but not earlier than the day of acquiring the right to a labor pension or other pension.
1. The recalculation of the amount of the labor pension (part of the labor pension) in accordance with paragraphs 2-4 of Article 17 of this Federal Law, except for the cases provided for in paragraph 3 of this article, is carried out:
from the 1st day of the month following the month in which circumstances occurred that entailed the recalculation of the size of the labor pension downward;
from the 1st day of the month following the month in which the pensioner's application for recalculating the size of the labor pension (part of the labor pension) upwards was accepted.
2. A pensioner's application for the recalculation of the size of the labor pension (part of the labor pension) is accepted provided that he simultaneously submits all the documents necessary for such recalculation.
3. The recalculation of the amount of the basic part of the old-age labor pension and the labor disability pension in connection with a change in the degree of limitation of the ability to work is carried out in the following order:
1) in case of establishing a higher degree of limitation of the ability to work - from the day the relevant decision is made by the body of the State Service for Medical and Social Expertise;
2) when establishing a lower degree of limitation of the ability to work - from the 1st day of the month following the month for which the previous degree of limitation of the ability to work was established.
The recalculation of the size of the basic part of the old-age labor pension in connection with the pensioner reaching the age of 80 years is made from the day the pensioner reaches the specified age.
4. The pensioner's application for the recalculation of the amount of the labor pension (part of the labor pension) is considered no later than five days from the date of receipt of the said application with all the necessary documents. In case of refusal to satisfy this application, the body providing pensions, not later than five days from the date of the relevant decision, notifies the applicant of this, indicating the reason for the refusal and the procedure for appealing, and simultaneously returns all documents.
5. The recalculation of the amount of the funded part of the labor pension (clause 10 of Article 17 of this Federal Law) is carried out by the body providing pensions, without requesting a corresponding application from the pensioner from the 1st day of the month following the month in which the three-year period expires from the date of appointment, or from the date of the last recalculation of the size of this part of the labor pension in accordance with the specified paragraph.
1. Payment of labor pension (part of labor pension) shall be suspended in the following cases:
1) in case of non-receipt of the established labor pension (part of the labor pension) for six consecutive months - for the entire period of non-receipt of the specified pension (the specified part of the labor pension) starting from the 1st day of the month following the month in which the specified period expired;
2) if the disabled person does not appear within the appointed time for re-examination at the body of the State Service for Medical and Social Expertise - for three months starting from the 1st day of the month following the month in which the specified period expired. Upon the expiration of the said three months, the payment of this pension (part of this labor pension) shall be terminated in accordance with subparagraph 3 of paragraph 1 of Article 22 of this Federal Law.
2. If the circumstances specified in paragraph 1 of this article are eliminated, the payment of the labor pension (part of the labor pension) shall be resumed in the same amount as it was paid on the day the payment was suspended. After the resumption of payment of the specified pension (part of the specified pension), its amount is subject to recalculation on the grounds and in the manner provided for in Articles 17 and 20 of this Federal Law.
3. The resumption of payment of labor pension (part of labor pension) is made from the 1st day of the month following the month in which the body providing pensions received the relevant application for the resumption of payment of labor pension (part of labor pension) and documents, with the exception of cases provided for in paragraphs 4 and 5 of this article. In this case, the pensioner shall be paid the sums of the specified pension (the specified part of the labor pension) that he did not receive for the entire time during which the payment of the specified pension (the specified part of the labor pension) was suspended.
4. In the event that a person undergoes a re-examination in the body of the State Service for Medical and Social Expertise and confirms his disability before the expiration of the period established by subparagraph 2 of paragraph 1 of this article, the payment of a labor pension (part of a labor pension) for disability is resumed from the day from which this person again recognized as disabled.
5. In cases where a person misses the period of re-examination for a good reason, determined by the body of the State Service for Medical and Social Expertise, and the said body establishes disability with limited ability to work III, II or I degree for the past time, the payment of a labor pension (part of a labor pension) according to disability resumes from the day from which the person concerned was again recognized as disabled, regardless of the period that has elapsed since the suspension of payment of the labor pension (part of the labor pension). If during the re-examination a different degree of limitation of the ability to work is established (higher or lower), then the payment of this pension (part of the labor pension) is resumed for the specified time according to the previous degree of limitation of the ability to work.
1. Payment of labor pension (part of labor pension) shall be terminated:
1) in the event of the death of a pensioner, as well as in the event that he is declared dead or missing in accordance with the established procedure - from the 1st day of the month following the month in which the death of the pensioner occurred or the decision on declaring him dead or the decision on recognizing him his missing person;
2) upon the expiration of six months from the date of suspension of the payment of a labor pension in accordance with subparagraph 1 of paragraph 1 of Article 21 of this Federal Law - from the 1st day of the month following the month in which the specified period expired;
3) in case of loss by a pensioner of the right to the labor pension assigned to him (part of the labor pension) (discovery of circumstances or documents refuting the accuracy of the information submitted in support of the right to the specified pension; of the breadwinner; employment (resumption of other activities subject to inclusion in the insurance period) of persons provided for in subparagraph 2 of paragraph 2 of Article 9 of this Federal Law) - from the 1st day of the month following the month in which the above circumstances or documents are discovered , or the period of disability has expired, or the working capacity of the person concerned has come.
2. Payment of labor pension (part of labor pension) shall be restored:
1) in case of cancellation of the decision to recognize the pensioner as dead or the decision to recognize the pensioner as missing - from the 1st day of the month following the month in which the relevant decision came into force;
2) at the request of the pensioner in the event of the occurrence of new circumstances or proper confirmation of the previous circumstances giving the right to establish a labor pension (part of the labor pension), if no more than 10 years have passed from the date of termination of the payment of the specified pension (the specified part of the labor pension), - from 1 on the 1st day of the month following the month in which the pension provider received an application for the restoration of the payment of this pension (part of this pension) and all necessary documents.
3. Termination or restoration of the payment of the insurance part of the old-age labor pension in the event that the pensioner refuses to receive it on the basis of paragraph 4 of Article 17 of this Federal Law shall be made from the 1st day of the month following the month in which the body providing pensions received the relevant application of the pensioner and all necessary documents.
4. When the payment of labor pension (part of labor pension) is restored, the right to labor pension (part of labor pension) shall not be reviewed. In this case, the amount of the specified pension (the specified part of the labor pension) is determined anew, taking into account paragraphs 2-5 of Article 17 and Article 20 of this Federal Law.
1. The payment of a labor pension, including its delivery, is made for the current month.
2. The accrued amounts of the basic part and the insurance part of the labor pension, the payment of which was suspended by the body providing pensions, and which were not claimed by the pensioner in a timely manner, are paid to him for the past time, but not more than three years preceding the moment of applying for the accrued labor pension. A labor pension (part of a labor pension) not received by a pensioner in a timely manner due to the fault of the body providing pensions is paid to him for the past time without limitation by any period.
3. The accrued amounts of the labor pension due to the pensioner in the current month and remaining not received due to his death in the specified month are not included in the inheritance and are paid to those members of his family who are related to the persons specified in paragraph 2 of Article 9 of this Federal Law. of the law, and lived together with this pensioner on the day of his death, if the application for the unreceived amounts of the specified pension followed no later than six months from the date of death of the pensioner. When several family members apply for the indicated amounts of the labor pension, the amounts of the labor pension due to them are divided equally among them.
4. The pensioner is obliged to immediately notify the body providing pensions on the occurrence of circumstances that entail a change in the size of the labor pension or the termination of its payment.
1. A person leaving for permanent residence outside the territory of the Russian Federation, before leaving, at his request, shall be paid the amount of the labor pension (part of the labor pension) assigned to him in accordance with this Federal Law in rubles for six months in advance.
2. On the basis of a written application of a person who has left for permanent residence outside the territory of the Russian Federation, the amount of the labor pension assigned to him (part of the labor pension) may be paid on the territory of the Russian Federation in rubles by proxy or by crediting to his account in a bank or other credit organization or it can be transferred abroad in foreign currency at the ruble exchange rate established by the Central Bank of the Russian Federation on the day of this operation. In this case, the transfer is made starting from the month following the month of departure of this person outside the territory of the Russian Federation, but not earlier than from the day until which the pension in rubles was paid.
3. The procedure for paying labor pensions to persons leaving (leaving) for permanent residence outside the territory of the Russian Federation is established by the Government of the Russian Federation.
4. When the persons referred to in paragraphs 1 and 2 of this article return for permanent residence in the Russian Federation, the amounts of the labor pension assigned to them (part of the labor pension) that they have not received during their residence outside the territory of the Russian Federation shall be paid for the past time, but not more than three years preceding the day of applying for the specified pension (part of the labor pension).
1. Individuals and legal entities are responsible for the accuracy of the information contained in the documents submitted by them for the establishment and payment of a labor pension, and employers, in addition, for the accuracy of the information submitted for maintaining individual (personalized) records in the system of compulsory pension insurance.
2. If the submission of false information or untimely submission of the information provided for in Clause 4 of Article 23 of this Federal Law resulted in an overexpenditure of funds for the payment of labor pensions, the guilty persons shall compensate the Pension Fund of the Russian Federation for the damage caused in the manner established by the legislation of the Russian Federation.
3. In cases of non-fulfillment or improper fulfillment of the obligations specified in paragraph 1 of this article, and in connection with the payment of excessive amounts of labor pension, the employer and the pensioner shall compensate the pension body paying the labor pension for the damage caused in the manner established by the legislation of the Russian Federation.
1. Deductions from the labor pension are made on the basis of:
1) executive documents;
2) decisions of the bodies providing pensions to recover the amounts of labor pensions overpaid to a pensioner in connection with a violation of paragraph 4 of Article 23 of this Federal Law;
3) court decisions on the recovery of the amount of labor pensions due to abuse by the pensioner, established in court.
2. Deductions are made in the amount calculated from the size of the established labor pension.
3. No more than 50 percent, and in cases established by the legislation of the Russian Federation, no more than 70 percent of the labor pension may be withheld. Deductions on the basis of decisions of the bodies providing pensions are made in an amount not exceeding 20 percent of the labor pension.
4. In the event of termination of the payment of a labor pension before the full repayment of the debt on the overpaid amounts of the specified pension, withheld on the basis of decisions of the bodies providing pension provision, the remaining debt shall be recovered in court.
5. In the event that not all parts of the labor pension provided for by this Federal Law are established for the person, the deductions from the labor pension specified in this article are made from the established parts of this pension.
Chapter VI. The procedure for preserving and converting (converting) previously acquired rights1. An old-age labor pension is assigned before reaching the age established by Article 7 of this Federal Law, to the following persons:
1) men upon reaching the age of 50 years and women upon reaching the age of 45 years, if they have worked, respectively, for at least 10 years and 7 years and 6 months in underground work, in work with harmful working conditions and in hot shops and have an insurance record of at least 20 and 15 years old.
In the event that the said persons have worked at the listed jobs for at least half of the period established above and have the required length of insurance experience, they are assigned a labor pension with a decrease in the age established by Article 7 of this Federal Law by one year for each full year of such work - for men and women;
2) men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked in jobs with difficult working conditions for at least 12 years, 6 months and 10 years, respectively, and have an insurance record of at least 25 and 20 years, respectively.
In the event that these persons have worked at the listed jobs for at least half of the established period and have the required length of insurance experience, a labor pension is assigned to them with a decrease in the age provided for in Article 7 of this Federal Law by one year for every 2 years and 6 months of such work for men and for every 2 years of such work for women;
3) women upon reaching the age of 50 if they have worked as tractor drivers in agriculture, other sectors of the economy, as well as as drivers of construction, road and loading and unloading machines for at least 15 years and have an insurance record of at least 20 years ;
4) women upon reaching the age of 50 years, if they have worked for at least 20 years in the textile industry in jobs with increased intensity and severity;
5) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked, respectively, for at least 12 years, 6 months and 10 years as working locomotive crews and workers of certain categories directly organizing transportation and ensuring traffic safety on railway transport and the subway, as well as drivers of trucks directly in the technological process in mines, cuts, mines or ore quarries for the export of coal, shale, ore, rocks and have an insurance record of at least 25 and 20 years, respectively;
6) for men upon reaching the age of 55, for women upon reaching the age of 50, if they have worked, respectively, for at least 12 years, 6 months and 10 years in expeditions, parties, detachments, in areas and in brigades directly on field geological exploration, prospecting, topographic and geodetic, geophysical, hydrographic, hydrological, forest management and survey works and have an insurance record of at least 25 and 20 years, respectively;
7) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked, respectively, for at least 12 years, 6 months and 10 years as workers, foremen (including senior ones) directly at logging and timber rafting, including maintenance of mechanisms and equipment, and have insurance experience of at least 25 and 20 years, respectively;
8) for men upon reaching the age of 55, for women upon reaching the age of 50, if they have worked respectively for at least 20 and 15 years as machine operators (docker-machine operators) of integrated teams in loading and unloading operations in ports and have an insurance record of at least 25 and 20 years old;
9) for men upon reaching the age of 55, for women upon reaching the age of 50, if they have worked respectively for at least 12 years, 6 months and 10 years as seafarers on ships of the sea, river fleet and fishing fleet (with the exception of port ships permanently working in water areas of the port, service and auxiliary and crew vessels, suburban and intracity ships) and have an insurance record of at least 25 and 20 years, respectively;
10) men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked as drivers of buses, trolleybuses, trams on regular urban passenger routes for at least 20 and 15 years, respectively, and have an insurance record of at least 25 and 20 years, respectively ;
11) persons directly employed full-time in underground and open-cast mining (including personnel of mine rescue units) in the extraction of coal, shale, ore and other minerals and in the construction of mines and mines, regardless of age, if they worked in these jobs at least 25 years old, and for workers in leading professions - stope miners, drifters, jackhammers, hammers, mining machine operators, if they have worked in such jobs for at least 20 years;
12) men and women who have worked, respectively, for at least 25 and 20 years on ships of the sea fleet of the fishing industry in the work of extracting, processing fish and seafood, receiving finished products in the fishery (regardless of the nature of the work performed), as well as on certain types of ships of the sea , river fleet and fleet of the fishing industry;
13) men who have worked for at least 25 years, and women who have worked for at least 20 years in the flight crew of civil aviation, and when leaving flight work for health reasons - men who have worked for at least 20 years, and women who have worked for at least 15 years in the specified composition of civil aviation;
14) men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked in the direct control of civil aviation flights for at least 12 years 6 months and at least 10 years, respectively, and have an insurance record of at least 25 and 20 years;
15) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in the engineering and technical staff in the direct maintenance of civil aviation aircraft for at least 20 and 15 years, respectively, and have an insurance record in civil aviation, respectively, of at least 25 and 20 years old.
2. Lists of relevant jobs, industries, professions, positions and specialties and institutions, taking into account which the labor pension provided for in paragraph 1 of this article is assigned, the rules for calculating periods of work and assigning labor pensions, if necessary, are approved by the Government of the Russian Federation.
3. The conditions for assigning an old-age labor pension provided for in paragraph 1 of this article shall apply if the insured person has worked in the relevant types of work for at least half of the required period as of January 1, 2003, and in the case of granting an old-age labor pension in the period from January 1 to December 31, 2002 - on the day from which this pension is assigned. Persons who have worked in the relevant types of work for less than half of the required period, as well as those accepted to perform these works after January 1, 2003, are provided with occupational pensions regulated by the relevant federal law.
1. An old-age labor pension is assigned before reaching the age established by Article 7 of this Federal Law to the following citizens:
1) women who have given birth to five or more children and raised them before they reach the age of 8 years, upon reaching the age of 50 years, if they have an insurance record of at least 15 years; one of the parents of disabled people from childhood who raised them until they reached the age of 8 years: for men upon reaching the age of 55 years, for women upon reaching the age of 50 years, if they have an insurance record of at least 20 and 15 years, respectively; guardians of disabled people from childhood or persons who were the guardians of disabled people from childhood who raised them before they reached the age of 8 years old, the old-age labor pension is assigned with a decrease in the age provided for in Article 7 of this Federal Law by one year for every one year and six months of guardianship, but not more than five years in total, if they have insurance experience of at least 20 and 15 years, respectively, men and women;
2) women who have given birth to two or more children, upon reaching the age of 50, if they have an insurance record of at least 20 years and have worked for at least 12 calendar years in the regions of the Far North or at least 17 calendar years in areas equivalent to them;
3) disabled due to military trauma: men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have an insurance record of at least 25 and 20 years, respectively;
4) visually impaired persons with III degree disability: men upon reaching the age of 50 years and women upon reaching the age of 40 years, if they have insurance experience of at least 15 and 10 years, respectively;
5) citizens suffering from pituitary dwarfism (Lilliputians) and disproportionate dwarfs: men upon reaching the age of 45 years and women upon reaching the age of 40 years, if they have an insurance record of at least 20 and 15 years, respectively;
6) for men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked for at least 15 calendar years in the regions of the Far North or at least 20 calendar years in areas equivalent to them and have an insurance record of at least 25 and 20 years, respectively .
For citizens who worked both in the regions of the Far North and in areas equated to them, a labor pension is established for 15 calendar years of work in the Far North. At the same time, each calendar year of work in areas equivalent to the regions of the Far North is considered nine months of work in the regions of the Far North.
Citizens who have worked in the regions of the Far North for at least 7 years 6 months are assigned a labor pension with a decrease in the age established by Article 7 of this Federal Law by four months for each full calendar year of work in these regions. When working in areas equated to areas of the Far North, as well as in these areas and areas of the Far North, the provision of the second paragraph of this subparagraph applies;
7) persons who have worked for at least 15 years as rescuers in professional emergency rescue services, professional emergency rescue units of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief and participated in the elimination of emergency situations, upon reaching the age of 40 years or regardless of age;
8) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they were employed at work with convicts as workers and employees of institutions executing criminal penalties in the form of deprivation of liberty, respectively, for at least 15 and 10 years and have an insurance record at least 25 and 20 years respectively;
9) men and women upon reaching the age of 50 years, if they have worked for at least 25 years in the positions of the State Fire Service (fire brigade, fire fighting and emergency rescue services) of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters;
10) persons who have been carrying out pedagogical activities in state and municipal institutions for children for at least 25 years, regardless of their age;
11) persons who have been carrying out medical and other activities for the protection of public health in state and municipal health care institutions for at least 25 years in rural areas and urban-type settlements and at least 30 years in cities, rural areas and urban-type settlements or only in cities, regardless of their age;
12) persons who have been performing creative activities on stage in state and municipal theaters or theater and entertainment organizations (depending on the nature of such activities) for at least 15-30 years and have reached the age of 50-55 years or regardless of age;
: The interrelated normative provisions of subparagraphs 10, 11, 12 of paragraph 1 of article 28 and paragraphs 1 and 2 of article 31 of this document are recognized as not corresponding to articles (parts 1 and 2), (parts 1 and 2) and (parts 2 and 3) of the Constitution of the Russian Federation, establishing for persons who carried out pedagogical activities in institutions for children, medical and other activities for the protection of public health in health care institutions or creative activity on stage in theaters and theatrical and entertainment organizations, as a condition for granting an old-age labor pension before reaching retirement age, the implementation of this activities in the relevant state or municipal institutions, to the extent that, in the system of the current legal regulation of pension provision, these provisions do not allow to be counted in the length of service that gives the right to early assignment of an old-age labor pension to persons engaged in pedagogical activities in institutions for children, medical and other activities for the protection of public health in healthcare institutions, creative activities on the stage in theaters and theatrical and entertainment organizations, the periods of their implementation of these activities in institutions that are not state or municipal, which were included in the relevant experience by the previous legislation, while the legislative there is no regulation of the procedure for maintaining and exercising pension rights already acquired by the said persons as a result of long-term professional activity - Resolution of the Constitutional Court of the Russian Federation dated 03.06.2004 N 11-P
13) men upon reaching the age of 50, women upon reaching the age of 45, permanently residing in the regions of the Far North and areas equivalent to them, having worked, respectively, for at least 25 and 20 years as reindeer herders, fishermen, hunters-traders.
2. When assigning an old-age labor pension in accordance with subparagraphs 2, 6 and 13 of paragraph 1 of this article, the list of regions of the Far North and areas equivalent to them, which was used when assigning state old-age pensions in connection with work in the Far North as of 31 December 2001.
3. Lists of relevant jobs, professions, positions, specialties and institutions (organizations), taking into account which an old-age labor pension is assigned in accordance with subparagraphs 7-13 of paragraph 1 of this article, the rules for calculating periods of work (activity) and the appointment of this pension, if necessary approved by the Government of the Russian Federation.
1. When determining the length of service in the regions of the Far North and areas equated to them for the early assignment of an old-age labor pension in connection with work in the said regions and localities, the work giving the right to early assignment of an old-age labor pension in accordance with subparagraphs 1 - 10 of paragraph 1 of Article 27 and subparagraphs 7 - 9 of paragraph 1 of Article 28 of this Federal Law, in the manner determined by the Government of the Russian Federation.
2. Persons who have worked for at least 15 calendar years in the regions of the Far North or at least 20 calendar years in areas equivalent to them and who have the old-age labor pension required for early appointment, provided for in subparagraphs 1 - 10 of paragraph 1 of Article 27 and subparagraphs 7 - 9 Clause 1 of Article 28 of this Federal Law, the insurance period and the length of service in the relevant types of work, the age established for the early assignment of the said pension shall be reduced by five years.
1. The amounts of labor pensions established prior to the entry into force of this Federal Law in accordance with the norms of the Law of the Russian Federation "On State Pensions in the Russian Federation" are recalculated in accordance with this Federal Law.
2. When applying this Federal Law, the payment of contributions to state social insurance before January 1, 1991, the unified social tax (contribution) and the unified tax on imputed income for certain types of activities that took place in the period before the entry into force of this Federal Law shall be equated to payment of insurance premiums to the Pension Fund of the Russian Federation.
3. The estimated pension capital for determining the insurance part of the labor pensions provided for by this article is established in accordance with article 30 of this Federal Law.
4. If, when recalculating the size of the labor pension in accordance with the norms provided for by this Federal Law, the amount of the specified pension does not reach the amount received by the pensioner on the day this Federal Law enters into force, the pensioner shall be paid a pension in the former higher amount.
5. Indexation of the size of labor pensions provided for by this article is carried out in the manner determined by article 17 of this Federal Law.
1. In connection with the entry into force of this Federal Law, the pension rights of insured persons are assessed as of January 1, 2002 by converting (transforming) them into the estimated pension capital according to the formula:
PC \u003d (RP - BCH) x T, where
PC - the value of the estimated pension capital;
RP - the estimated amount of labor pension, determined for insured persons in accordance with paragraph 2 of this article;
BC - the size of the basic part of the labor pension as of January 1, 2002 (450 rubles per month);
T - the expected period of payment of an old-age labor pension, equal to the similar period to be applied when establishing a labor pension in accordance with this Federal Law (clause 5 of Article 14 and clause 1 of Article 32 of this Federal Law).
If, in accordance with paragraph 9 of this article, the assessment of the pension rights of the insured persons is carried out simultaneously with the assignment of a labor disability pension to them, the specified expected period of payment of the labor old-age pension shall be multiplied by the ratio of the standard duration of the insurance period of the disabled person (in months) as of January 1, 2002 to 180 months (Item 3 of Article 15 of this Federal Law).
2. The estimated amount of the labor pension is determined for men with a total length of service of at least 25 years, and for women with a total length of service of at least 20 years, according to the formula:
RP \u003d SK x ZR / ZP x SZP, where
ZR - the average monthly earnings of the insured person for 2000-2001 according to the data of individual (personalized) registration in the system of compulsory pension insurance or for any 60 months in a row on the basis of documents issued in the prescribed manner by the relevant employers or state (municipal) bodies;
ZP - average monthly salary in the Russian Federation for the same period;
SZP - the average monthly salary in the Russian Federation for the period from July 1 to September 30, 2001 for the calculation and increase in the size of state pensions, approved by the Government of the Russian Federation;
SC - the length of service coefficient, which for insured persons (with the exception of disabled persons with a disability of the first degree) is 0.55 and increases by 0.01 for each full year of total work experience in excess of the duration specified in this paragraph, but not more than 0.20.
For these disabled persons, the seniority coefficient is 0.30.
The ratio of the average monthly earnings of the insured person to the average monthly salary in the Russian Federation (ZR / ZP) is taken into account in the amount of not more than 1.2.
For persons residing in the regions of the Far North and areas equated to them (paragraph 2 of Article 28 of this Federal Law), in which regional wage coefficients are established, the ratio of the average monthly earnings of the insured person to the average monthly wage in the Russian Federation (ZR / ZP) is taken into account in the following sizes:
not more than 1.4 - for persons living in the indicated districts and localities in which a regional coefficient of up to 1.5 is established for the wages of employees;
not more than 1.7 - for persons residing in the indicated districts and localities in which a district coefficient of 1.5 to 1.8 is established for the wages of employees;
not more than 1.9 - for persons residing in the indicated districts and localities in which a district coefficient of 1.8 and higher is established for the wages of employees.
At the same time, if different regional wage coefficients are established, the wage coefficient effective in the given district or locality for workers and employees of non-productive industries is taken into account.
For the persons specified in paragraph one of subparagraph 6 of paragraph 1 of Article 28 of this Federal Law, the ratio of the average monthly earnings of a pensioner to the average monthly salary in the Russian Federation (ZR / ZP) is taken into account in the amounts indicated above, regardless of the place of residence of these persons outside the regions of the Far North and equated areas to them.
Increases in pensions established by the legislation of the Russian Federation for certain categories of citizens as of December 31, 2001 (with the exception of the district coefficient) are accrued to the estimated amount of labor pensions for the relevant persons (with the exception of persons entitled to additional material support in accordance with the legislation of the Russian Federation at a higher size).
The estimated amount of the labor pension cannot be less than 660 rubles.
3. The amount of the estimated pension capital for incomplete total work experience is determined based on the amount of estimated pension capital for the full total work experience (25 years for men and 20 years for women), which is divided by the number of months of the total total work experience and multiplied by the number of months actually available total work experience.
4. For the purpose of assessing the pension rights of insured persons, the total length of service is understood as the total duration of labor and other socially useful activities before January 1, 2002, taken into account in a calendar order, which includes:
1) periods of work as a worker, employee (including work for hire outside the territory of the Russian Federation), a member of a collective farm or other cooperative organization; periods of other work in which the employee, not being a worker or employee, was subject to mandatory pension insurance; periods of work (service) in the paramilitary guards, special communications agencies or in the mine rescue unit, regardless of its nature; periods of individual labor activity, including in agriculture;
2) periods of creative activity of members of creative unions - writers, artists, composers, cinematographers, theatrical figures, as well as writers and artists who are not members of the relevant creative unions;
3) service in the Armed Forces of the Russian Federation and other military formations created in accordance with the legislation of the Russian Federation, the United Armed Forces of the Commonwealth of Independent States, the Armed Forces of the former USSR, internal affairs agencies of the Russian Federation, foreign intelligence agencies, federal security service agencies, federal executive agencies authorities in which military service is provided, the former state security bodies of the Russian Federation, as well as in the state security bodies and internal affairs bodies of the former USSR (including during periods when these bodies were called differently), being in partisan detachments during the civil war and the Great Patriotic War;
4) periods of temporary disability that began during the period of work, and the period of being on disability of groups I and II, received as a result of an injury associated with production, or an occupational disease;
5) the period of stay in places of detention in excess of the period appointed during the review of the case;
6) periods of receiving unemployment benefits, participation in paid public works, moving to another area in the direction of the employment service and employment.
5. Conversion (transformation) of pension rights into the estimated pension capital of the insured persons specified in paragraph 1 of Article 27 and subparagraphs 7-13 of paragraph 1 of Article 28 of this Federal Law may be carried out at their choice in the manner specified in this Article using instead of the general labor experience (current and complete) experience in the relevant types of work (existing and complete).
For the purpose of assessing the pension rights of insured persons, the length of service in the relevant types of work means the total duration of work periods until January 1, 2002, as defined in paragraph 1 of Article 27 and subparagraphs 7-13 of paragraph 1 of Article 28 of this Federal Law. The period of stay on disability of groups I and II, received as a result of an injury associated with production, or an occupational disease, is equated to the work at which the specified injury or disease was received.
At the same time, in order to calculate the estimated pension capital for the insured person, the expected period for the payment of an old-age pension, determined in accordance with paragraph 1 of this article, is increased by the number of years missing in the appointment of an early pension up to the age established by article 7 of this Federal Law (for men and women respectively).
6. For persons who, as of December 31, 2001, were provided with an old-age labor pension, a labor disability pension, a labor pension in the event of the loss of a breadwinner or a labor pension for long service in accordance with the Law of the Russian Federation "On State Pensions in the Russian Federation" , at their choice, the amount of one pension established by him, taking into account increases and compensation payments in connection with the increase in the cost of living in the Russian Federation, using the appropriate district coefficient, is taken as the estimated amount of the labor pension, with the exception of allowances for care and for disabled dependents.
If, at the choice of a pensioner, the assessment of his pension rights is carried out in accordance with paragraphs 1-5 of this article, in order to determine the estimated amount of labor pension, at the request of the pensioner, the amount of his average monthly earnings, from which the established pension is calculated, can be taken into account.
7. When assigning, starting from January 1, 2002, a labor pension in case of loss of a breadwinner in connection with the death of an insured person for whom an individual personal account was not opened, the estimated pension capital due to the deceased breadwinner is determined in the manner prescribed by this article in relation to persons who became disabled, for the subsequent calculation of the insurance part of the labor pension in the event of the loss of the breadwinner to the relevant members of his family in accordance with paragraph 2 of Article 16 of this Federal Law.
8. Indexation of the estimated pension capital necessary to determine the insurance part of the labor pension is carried out in relation to the procedure provided for in paragraphs 7 and 8 of Article 17 of this Federal Law, for the entire period starting from January 1, 2002 until the day from which the specified part of the labor pension is assigned .
9. Assessment of the pension rights of insured persons as of January 1, 2002 is carried out by the bodies providing pensions, simultaneously with the assignment of a labor pension to them in accordance with this Federal Law, but no later than 1 of the Federal Law and providing for the conditions and norms of pension provision, are applied in part that does not contradict this Federal Law.
3. The conditions and norms for establishing pensions for cosmonauts and flight test personnel of civil aviation, which are in force until the day this Federal Law enters into force, and provided for by regulatory legal acts, remain valid. The specified conditions and norms shall also be applied in assessing the pension rights of cosmonauts and flight test personnel of civil aviation in accordance with the norms of this Federal Law.
4. When establishing prior to January 1, 2004, labor pensions due in accordance with this Federal Law to persons with a disability degree III, II and I, disability groups I, II and III are applied respectively.
1. When determining the amount of the insurance part of the labor pension, starting from January 1, 2002, the expected period for the payment of the labor old-age pension, provided for in Clause 5 of Article 14 of this Federal Law, is set at a duration of 12 years (144 months) and annually increases by 6 months (from January 1 of the corresponding year) until reaching the age of 16 years (192 months), and then annually increases by one year (from January 1 of the corresponding year) until reaching 19 years (228 months).
2. For the persons specified in Clause 1 of Article 27 and Clause 1 of Article 28 of this Federal Law, the insurance part of the old-age labor pension is determined on the basis of the expected period for payment of the labor old-age pension established in accordance with Clause 1 of this Article. Starting from January 1, 2013, this period annually (from January 1 of the corresponding year) increases by one year, while the total number of years of such an increase cannot exceed the number of years missing in the early assignment of a labor pension to the retirement age established by Article 7 of this Federal Law (for men and women, respectively).
3. When determining the amount of the insurance part of the old-age labor pension in the manner provided for in Clauses 6 and 7 of Article 14 of this Federal Law, starting from January 1, 2002, the expected period of payment of the old-age labor pension cannot be less than 10 years (120 months). Starting from January 1, 2009, the specified duration is increased annually by 6 months (from January 1 of the relevant year) until it reaches 14 years (168 months).
The president
Russian Federation
V. PUTIN
Moscow Kremlin
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1. The length of service, along with the periods of work and (or) other activities that are provided for by 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 pensions for persons who have completed military service, service in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families";
2) the period of receipt of benefits for compulsory social insurance during the period of temporary disability;
3) the period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than four and a half years in total;
4) the period of receiving unemployment benefits, the period of participation in paid public works and the period of moving or resettlement in the direction of the state employment service to another area for employment;
6) the period of care provided by an able-bodied person for a disabled person of group I, a disabled child or a person who has reached the age of 80 years;
7) the period of residence of spouses of military servicemen under contract, together with their spouses, in areas where they could not work due to the lack of employment opportunities, but not more than five years in total;
8) the period of residence abroad of spouses of employees sent to diplomatic missions and consular offices of the Russian Federation, permanent missions of the Russian Federation to international organizations, trade missions of the Russian Federation in foreign states, representative offices of federal executive authorities, government agencies under federal executive authorities or in as representatives of these bodies abroad, as well as to representative offices of state institutions of the Russian Federation (state bodies and state institutions of the USSR) abroad and international organizations, the list of which is approved by the Government of the Russian Federation, but not more than five years in total.
2. The periods provided for by paragraph of this article shall be counted in the length of service in the event that they were preceded and (or) followed by periods of work and (or) other activities (regardless of their duration) specified in this Federal Law.
The provisions of Article 11 of Law No. 173-FZ are used in the following articles:- The procedure for calculating the insurance period
1. The calculation of the length of service required to acquire the right to a labor pension is carried out in a calendar order. If several periods specified in Articles 10 and 11 of this Federal Law coincide in time, one of such periods is taken into account when calculating the insurance period at the choice of the person who applied for the said pension.
- Rules for calculating and confirming the length of service
1. When calculating the insurance period, the periods of work and (or) other activities that are provided for in Articles 10 and 11 of this Federal Law, prior to the registration of a citizen as an insured person in accordance with the Federal Law "On Individual (Personalized) Registration in the Compulsory Pension Insurance System" are confirmed by documents issued in accordance with the established procedure by employers or relevant state (municipal) bodies.
- Sizes of old-age pensions
19. The length of service specified in paragraph 17 of this article shall include periods of work and (or) other activities provided for in Article 10 of this Federal Law, and the periods provided for in subparagraphs 1 (regarding the period of conscription), 3 and 6 - 8 of paragraph 1 of Article 11 of this Federal Law, in the manner prescribed by paragraph 2 of Article 11 of this Federal Law.
- 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
2. The length of service provided for in paragraph 1 of this article includes periods of work and (or) other activities provided for in Article 10 of this Federal Law, and periods counted in the length of service on an equal basis with periods of work and (or) other activities and provided for in Article 11 of this Federal Law, including the periods of work (service) and other activities taken into account when calculating length of service for the appointment of a pension for long service in accordance with the Federal Law "On State Pension Provision in the Russian Federation", and periods of work and (or) other activities , taken into account for the establishment of an old-age labor pension, to which a seniority pension was established.
The grounds for the emergence and rules for the implementation of the rights of citizens to payments in connection with the loss of the ability to carry out professional activities are regulated by Federal Law-173 of December 17, 2001. Let us further consider some of the provisions of this regulatory act.
Key Concepts
In the text of the regulation "On labor pensions in the Russian Federation"The following terms are used:
Subjects of law
Normative act " About labor pensions in the Russian Federation" defines specific persons who have the opportunity to receive payments. The opportunity to receive can be used by:
- Citizens insured in the prescribed manner. In this case, the conditions stipulated by the norms must be observed.
- Disabled relatives of the insured persons in the cases established by Art. 9 Federal Law No. 173.
- Foreigners and stateless persons permanently residing in the country. The exceptions are cases provided for in an international treaty or the domestic legislation of the Russian Federation.
Payout selection
173-FZ (as amended) provides for the following types of compensation:
- By old age.
- By disability.
- Because of the loss of a breadwinner.
The first two payments may contain funded, insurance and basic parts. Only the last two elements are included in the survivor's pension. The procedure for the formation of the funded element of payments for disability and old age is currently subject to adjustments. Subjects who for one reason or another do not have the right to receive a pension can count on social compensation. It is installed in a special way. The rules and conditions for the provision of social payments are regulated in the Federal Law "On State Pension Security".
Financing
173-FZ (last edition) determines that in case of making adjustments to the established procedure for assigning payments that require an increase in costs, specific sources and rules for compensating additional costs should be determined. In accordance with this, normative acts are being adopted to amend the provisions on the budget system. The formation of the funded component is carried out if there are sufficient funds accounted for in a special section of the personal (individual) account of the insured citizen.
Elements of seniority
Law 173-FZ establishes that the periods of work or other professional activity that were carried out on the territory of the country by citizens insured in the prescribed manner are used for calculation. At the same time, during these time periods, deductions must be made to the FIU. Normative act " On labor pensions in the Russian Federation "(173-FZ) allows the inclusion in the experience of periods of activity outside the country. This is allowed in cases stipulated by regulations or international agreements, or if deductions were made to the FIU for all relevant time periods.
Other periods
Law "On labor pensions" determines that, along with work or other activities carried out in the territory of the country, the following are counted:
The specified periods will be counted in the length of service, if before or after them the subject carried out work or other professional activities defined in Art. 10 of the normative act in question. In this case, its duration will not matter.
Calculation
Normative act "On labor (173-FZ) establishes the procedure for determining the amount of the insurance part of old-age payments. It is calculated by the formula:
MF \u003d PC / T, in which:
- insurance part - SC;
- the value of the estimated capital of the insured citizen, taken into account on the date from which compensation is assigned to him - PC;
- the number of months of the estimated payment period used to determine the amount of the pension - T.
The last figure is 228 months. (19 years). Additional regulation " On labor pensions in the Russian Federation" (173-FZ) establishes that the amount of the insurance part of payments for the old age of citizens cannot be less than the average value of disability compensation if they have received it for at least 10 years. The amount established on the date when the deductions were terminated is taken into account.
Payments to subjects traveling to another state for permanent residence
Normative act " On labor pensions in the Russian Federation" (173-FZ) allows the payment, at the request of a citizen leaving the territory of the country, of the amount assigned to him in the prescribed manner, six months in advance. In addition, there are several more possibilities. In particular, an entity that leaves the country has the right to write an application, according to which the deductions will be made in the name of a trustee located in Russia. In addition, a citizen leaving for another state for permanent residence can receive a payment to his account in a domestic or foreign bank. Deductions can be made both in rubles and in foreign currency. In the latter case, the recalculation is carried out at the exchange rate of the Central Bank in force on the date of the operation. Law "On Labor Pensions""allows making transfers abroad starting from the month that follows the period of departure to another country. But at the same time, payments must be made no earlier than the day before which the pension was received in rubles.
The rules for the transfer of the assigned amounts to citizens who have left or are leaving for permanent residence abroad are determined by the government of the Russian Federation. In the case of the return of subjects back, deductions are made for payments not received during their stay in another country. However, citizens can receive a pension for no more than 3 years preceding the date of applying to the authorized bodies with the relevant application.
(on currency regulation and currency control) does not apply to labor pensions.
The exception is rules that:
- Regulate the calculation of the amount of labor pensions;
- They are used to determine the size that do not contradict current legislation.
FZ-173 was adopted and then approved by the State Duma on December 17, 2001. The last revision was made on June 4, 2014. Contains 7 chapters and 32 articles.
The law describes the procedure for payment and establishes the size of the labor pension. It is possible to change the conditions and norms for calculating pensions, including the procedure for payment by making additions and amendments to the current legislation.
Sometimes the rules of an international treaty may not comply with FZ-173. In this case, the conditions and procedure for calculating pensions specified in the international treaty of the Russian Federation apply.
FZ-173 outlines the following aspects:
- The procedure for granting rights to citizens of the Russian Federation to accrued labor pensions (more about the law on citizenship of the Russian Federation);
- Indication of specific actions for certain groups of persons in accordance with the law "On labor pensions" in the Russian Federation.
Funds are paid from the state pension fund in accordance with Federal Law-173: local budgets and funds of organizations. The procedure for payment is regulated by special norms of the law of the council of state power, as well as acts of organizations and local governments.
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A labor pension is compensation in monetary terms. Provided to insured individuals who are employed by law. It can be accrued in the form of other remuneration in case of disability in accordance with Federal Law-173: disability or old age. Disabled family members are provided in the form of wages or other accruals. The size is determined in accordance with the rules and regulations that are established in the current 173-FZ "On labor pensions" in the Russian Federation. To download the law with amendments and additions, click .
Recent changes made to the law "On labor pensions in the Russian Federation" - 173-FZ
Federal Law-173 "On labor pensions" was amended on June 4, 2014 (study and). Now, in order to calculate the amount of the pension, a new formula is applied based on the change in the law. Every citizen can use both pension and insurance coverage. Pension payments are also indexed every year. Below are the following articles:
Art 1 p 1
Cash compensation or labor pension is paid on the basis of the current Federal Law-173. The article also describes that changes in the conditions, norms and payment procedure are carried out only subject to additions or amendments to the article. But there were no changes in the latest edition.
Article 9
This article of FZ-173 states that citizens are entitled to a labor pension if a breadwinner has been lost. But only if there are disabled persons who are dependents in the family. If one of the family members is on the list of paragraph 2 of the current article of the law, then the specified amount is transferred regardless of whether the family members were dependent or not. If the breadwinner is missing, then the procedure similar to that used for the loss of a breadwinner in accordance with Federal Law-173 is applied. Cash compensation is given. No changes have been made in the latest edition.
Describes which periods are counted additionally in the insurance period. Eg:
- Time spent in military service or other activities equal under the current legislation;
- The time during which Social Security or sick leave benefits are paid.
28 article 173 FZ
The article of the law lists certain categories of citizens who are entitled to receive an early pension:
- Women who have given birth to two or more children and have reached the age of 50;
- People with disabilities, if the injury was received during military service;
- Visually impaired people with the first group of disabilities;
- Men who are 55 years old and women 50 years old if they work in normal climatic conditions;
- Men over 50 and women over 45 if they work in the Far North or equivalent regions.
In the Russian Federation, the pension of each person is formed in accordance with the current Federal Law-173. There is an insurance and funded part of the pension for pensioners or disabled citizens. The first refers to the funds that were accumulated by a resident of the Russian Federation on their own.
For this, in accordance with the law, a special account is opened. To find out the detailed aspects of FZ-173, download it.
