All about pensions. Labor pension What is a labor pension

INTRODUCTION

Ideas about social justice are the common value denominator that allows us to make judgments about the justification of the existence of socio-political structures within which every person’s life takes place.

Aristotle laid the foundations for the concept of justice: excessive selfishness is unfair, but caring for others and the common good is fair. Similar thoughts have developed in modern times. Rousseau repeated that the goal of every state and legislation should be the greatest good of all citizens.

Survivor pensions characterize the state's concern for a specific person who finds himself in a difficult situation; which determines the relevance of this final qualifying work.

The purpose of the work is to study the essence of the survivor's pension, consider its types, the procedure for calculation and payments.

The relevance of the chosen topic also finds itself in the fact that the conditions for the payment of benefits, due to its widespread use, are increasingly difficult, which leads to excessive waiting for payments and, in general, to difficulty in this matter.

The purpose of the course work is to study the system of cash payments to citizens who have lost their breadwinner.

Currently in Russian Federation An acute demographic situation has developed. Among the main reasons for this state of affairs is the financial insecurity of families who have lost their breadwinner, as a consequence of the socio-economic reforms being carried out in the country. Among the priority areas is the improvement of the system of payment of benefits to families who have lost their breadwinner: to increase and differentiate their amounts, taking into account material and social conditions families, making them targeted. Benefits provided to families play an important role in a social and legal state, since, along with other measures of social protection of the population, they contribute to the strengthening of the Russian state and the stabilization of society. The system of social benefits, being an institution of social security law, is designed not only to guarantee the family an appropriate level of material support, but also to contribute to the creation of prerequisites for the formation of families with children as real subjects of economic activity in the conditions of the emerging labor market.

.SURVIVOR PENSION

1.1. The concept of a survivor's pension and the general grounds for assigning a survivor's pension

A survivor's pension, as its name suggests, is awarded in the event of the death of the person who is the main income earner of the family. Disabled family members of the deceased breadwinner who were dependent on him have the right to a labor pension in the event of the loss of a breadwinner. The family of an unknown breadwinner is equated to the family of a deceased breadwinner if the unknown absence of the breadwinner is certified in the prescribed manner.

Family members of a deceased breadwinner are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood.

There are the following categories of disabled family members of the deceased breadwinner: 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 all types and types, regardless of their organizational and legal form, with the exception of educational institutions additional education, until they complete such training, but no longer than until they reach the age of 23, or children, brothers, sisters and grandchildren of the deceased breadwinner are older than this age, if they became disabled before reaching the age of 18, with limited ability to work. In this case, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents;

Dependency of children of deceased parents is assumed and does not require proof, with the exception of these children declared in accordance with the legislation of the Russian Federation to be fully capable or who have reached the age of 18 years.

Disabled parents and the spouse of a deceased breadwinner who were not dependent on him have the right to a labor pension in the event of the loss of a breadwinner if, regardless of the time that has passed since his death, they have lost their source of livelihood.

Adoptive parents have the right to a labor pension in the event of the loss of a breadwinner on an equal basis with their parents, and adopted children - on an equal basis with their own children. Minor children who have the right to a labor pension in the event of the loss of a breadwinner retain this right upon their adoption.

A survivor's pension is awarded in the event of the death of the person who is the main income earner of the family. Disabled family members of the deceased breadwinner who were dependent on him have the right to a labor pension in the event of the loss of a breadwinner. Family members of a deceased breadwinner are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood.

There are the following categories of disabled family members of the deceased breadwinner: 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

Adoptive parents have the right to a labor pension in the event of the loss of a breadwinner on an equal basis with their parents, and adopted children - on an equal basis with their own children. Minor children who have the right to a labor pension in the event of the loss of a breadwinner retain this right upon their adoption.

The establishment of a labor pension in the event of the loss of a breadwinner is carried out depending on the presence or absence of a breadwinner insurance period.

If the deceased breadwinner has no insurance experience at all, it is established labor pension.

You should apply for a pension at your local pension fund. To do this, you will need an application of the established form, which will be given to you on the spot. The application can be sent by mail, but this will require preliminary notarization of the application itself and the entire package of attached documents. The package of documents for the application is conditionally divided into two parts. The first part consists of an identification document of the applicant, a document establishing the fact of the death of the breadwinner and a document establishing the degree of relationship between the applicant and the deceased, a work book issued by the employer of the deceased. The second part contains various documents confirming additional information, individual for each specific case.

3 Survivor pensions for certain categories of citizens

The conditions, norms and procedures for pension provision apply to persons who served in the Armed Forces.

A pension for the loss of a breadwinner to the families of the persons mentioned above is assigned if the breadwinner died (died) during service or no later than three months from the date of dismissal from service or later than this period, but due to injury, concussion, injury or illness received in period of service, and for the families of pensioners from among these persons - if the breadwinner died while receiving a pension or no later than five years after the termination of payment of his pension. At the same time, the families of former military personnel who died while in captivity (provided that the captivity was not voluntary and the serviceman, while in captivity, did not commit a crime against the Motherland), and the families of military personnel who went missing during hostilities are equated to families those killed at the front.

The right to a pension in the event of the loss of a breadwinner is available to disabled family members of the deceased (deceased) persons mentioned above, who were their dependents.

Family members of the deceased are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood.

Family members of the deceased, for whom his assistance was a constant and main source of livelihood, but who themselves received some kind of pension, may be assigned a survivor's pension.

The legislation establishes the following categories of veterans: veterans of the Great Patriotic War; veterans of combat operations on the territory of the USSR and the territories of other states (combat veterans); veterans of military service, veterans of public service; labor veterans.

Veterans of the Great Patriotic War are persons who took part in combat during the Great Patriotic War of 1941 - 1945 for at least six months, excluding the period of work in the temporarily occupied territories of the USSR, or who were awarded orders or medals of the USSR for service and selfless labor during the Great Patriotic War .

Veterans of military service are military personnel of the Armed Forces of the USSR, the Armed Forces of the Russian Federation, other troops, military formations and bodies in which the legislation of the Russian Federation provides for military service, the United Armed Forces of the member states of the Commonwealth of Independent States, created in accordance with the Charter of the Commonwealth of Independent States, awarded with orders or medals, or awarded honorary titles of the USSR or the Russian Federation, or awarded departmental insignia, provided that the total duration of military service of these military personnel is 20 years or more, as well as military personnel who have become disabled due to injury, concussion, injury or disease received in connection with the performance of military service duties. These requirements apply to military personnel transferred from military service to the reserve (retirement).

Veterans of the civil service are persons awarded orders or medals, or awarded honorary titles of the USSR or the Russian Federation, or awarded departmental insignia and who have the length of service or length of service necessary to grant an old-age pension, for long service or other types of pensions, lifelong benefits for work (service) in government positions in the Russian Federation.

Veterans of labor are persons awarded orders or medals, or awarded honorary titles of the USSR or the Russian Federation, or awarded departmental insignia in labor and who have the length of service necessary to grant an old-age or long-service pension; persons who began working as a minor during the Great Patriotic War and have a work experience of at least 40 years for men and 35 years for women.

Family members of veterans have the right to a survivor's pension in accordance with the Federal Law “On State Pension Provision in the Russian Federation”.

Family members of citizens who eliminated the consequences of the disaster have the right to a pension in the event of the loss of a breadwinner. Chernobyl nuclear power plant, as well as citizens who became disabled after this disaster

Disabled family members include the family members listed above, as well as the grandparents of the deceased breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled, provided that there are no persons who, in accordance with the legislation of the Russian Federation, are obliged to contain them.

Thus, today, there are a large number of categories of citizens entitled to receive a survivor's pension. Family members of a deceased breadwinner are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood.

2.CALCULATION AND PAYMENT OF PENSIONS

2.1Mechanism for calculating pensions

The survivor's pension is the sum of two parts: the basic part and the insurance part.

The basic part of the pension does not depend on the length of service and salary of the deceased breadwinner.

The basic pension involves providing all persons with a means of subsistence. Established by law minimum size basic. The indexation of the basic part of the labor force is determined by the government taking into account the growth rate of inflation, but within the limits of 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 size of the insurance part of the survivor's pension is calculated as the ratio of the size of the insurance part of the old-age labor pension (labor disability pension) of the deceased breadwinner (established on the day of his death) to the number of family members of the specified breadwinner who are recipients of this type of pension. The calculation of the amount of the insurance part of the pension will be discussed in detail in paragraph 2.2.

The insurance part of the pension is the ratio of the estimated pension capital and the pensioner's survival time in months.

Estimated pension capital - taken into account in the manner determined by the Government of the Russian Federation, the total amount of insurance contributions and other income in Pension Fund of the Russian Federation for the insured person and pension rights in monetary terms acquired before the Law “On Labor Pensions in the Russian Federation” came into force.

From January 1, 2002, the survival period is 12 years. It will constantly increase and from 2013 it will be 19 years.

The law establishes that the later a citizen, having reached retirement age, retires, the shorter the survival period will be, and, consequently, the greater the insurance part of the pension.

The estimated pension capital consists of insurance contributions that the employer pays monthly to the Pension Fund for the employee, starting from January 2002, and which amount to a maximum of 14 percent of his salary. Part of these contributions goes to replenish the pension capital, from which the insurance part of the labor pension is then calculated, and the other part goes to replenish pension savings, of which the funded part of the pension is considered.

The pension capital, from which the insurance part of the old-age pension is calculated, also includes the “monetary expression of the pension rights of the insured persons,” which is determined based on the employee’s average earnings for 2000-2001 and length of service as of January 1, 2002, or out of any 60 months of his employment.

2.2 Amount of survivor's pension.

The size of the basic part of the labor pension in the event of the loss of a breadwinner is established in the following amounts:

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, with the exception of educational institutions of additional education, until they complete such training, but no longer than until they reach the age of 23 years or children, brothers, sisters and grandchildren of a deceased breadwinner older than this age, if they became disabled before reaching the age of 18 years, having limited ability to work . (In this case, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents) - in the amount of 450 rubles per month for each child.

The amount of the insurance part of the labor pension in the event of the loss of a breadwinner for each disabled family member is determined by the formula:

SCH=PC/(TxK)/KN

Where SCH is the insurance part of the labor pension in case of loss of a breadwinner;

PC - the amount of the estimated pension capital of the deceased breadwinner, recorded as of the day of his death;

T - the number of months of the expected period of payment of the old-age pension;

K is the ratio of the standard duration of the breadwinner's insurance period (in months) as of the day of his death to 180 months.

KN - the number of disabled family members of the deceased breadwinner who are recipients of the specified pensions established in connection with the death of this breadwinner as of the day from which a labor pension in the event of the loss of a breadwinner is assigned to the corresponding disabled family member.

If a labor pension for the loss of a breadwinner is established in connection with the death of a person for whom the insurance part of an old-age labor pension or the insurance part of a labor pension for disability was established on the day of death, the amount of the insurance part of a labor pension for the loss of a breadwinner for each disabled member family is determined by the formula:

SCh=SChp/KN

SCH - the amount of the insurance part of the labor pension in the event of the loss of a breadwinner;

SChp - the amount of the insurance part of the old-age labor pension or disability labor pension established for the deceased breadwinner as of the day of his death.

The amount of the insurance part of the labor pension in the event of the loss of a breadwinner cannot be less than the size of the insurance part of the labor pension in the event of the loss of a breadwinner.

The size of the labor pension in case of loss of a breadwinner is determined by the formula:

P = warhead + midrange

P - the amount of labor pension in case of loss of a breadwinner;

BC - the basic part of the labor pension in case of loss of a breadwinner;

SCH - the insurance part of the labor pension in the event of the loss of a breadwinner.

According to Law No. 166-FZ, a survivor's pension for a family of military personnel who served military service upon conscription, is assigned in the following amounts: if the death of the breadwinner occurred as a result of a military injury, for each disabled family member 200% of the size of the basic part of the old-age labor pension is assigned, provided for by Law No. 173-FZ for citizens who have reached the age of 60 and 55 years (men and women, respectively) women) as of March 1, 2005 - 1800 rubles per month.

The loss of a breadwinner as a result of a military injury is considered to be his death, which occurred as a result of a wound, contusion, injury or illness received in defense of the Motherland, including in connection with being at the front, military service in the territories of other states where hostilities took place, or in the line of duty. other duties of military service.

The loss of a breadwinner due to a disease acquired during military service is considered to be his death resulting from an injury received as a result of an accident not related to the performance of military service duties, or a disease not related to the performance of military service duties.

The size of pensions of citizens held in areas (localities) where regional coefficients for wages, are determined using the corresponding regional coefficient for the entire period of their residence in the specified areas (localities). If different coefficients are established, then the coefficient valid in the given area (locality) for workers in non-production industries is applied. When leaving these districts (localities) for a new permanent place of residence, the size of the pension is determined without taking into account the regional coefficient.

If a serviceman is killed (died) during military service as a result of an injury received as a result of an accident not related to the performance of military service duties, or as a result of an illness not related to the performance of military service duties, then a survivor’s pension is assigned in the amount of 30 % of the military personnel's pay.

The minimum amount of survivor's pension for family members of military personnel is 150% of the minimum amount of old-age pension provided for by law for each disabled family member of a military personnel. But only if the pension is calculated for family members of military personnel who died (died) in connection with the performance of military service duties.

If a survivor's pension is assigned to family members of military personnel who died (died) as a result of injury or illness not related to the performance of military service duties, then the minimum pension amount is 100% of the minimum old-age pension provided for by law for each disabled family member.

If a family member of a deceased (deceased) serviceman is a disabled person of group I or has reached the age of 80, he is assigned a pension supplement in the amount of 100% of the minimum old-age pension provided for by law. If a pensioner needs constant outside care, then he is assigned a pension supplement in the amount of 2/3 of the minimum old-age pension.

Let us recall that a survivor's pension for military families is assigned to each family member entitled to receive this pension for the entire period of incapacity for work. If, based on the results of a medical examination, a person receiving a survivor's pension for a military personnel is recognized as able to work, then he loses the right to receive a survivor's pension. Family members receiving a survivor's pension, men who have reached the age of 60, and women who have reached the age of 55, are assigned a survivor's pension for life. Recalculation of pensions is carried out from the first day of the month following the month in which the circumstances occurred that served as the basis for recalculation of the pension.

Unlike some other types of pension provision, which are carried out depending on the work performed by the pensioner and the income he receives, pensions established by Law N 4468-1 are paid in full regardless of whether the pensioner has earnings or other types of income. The only restriction that the law establishes is that retired military personnel and their families are not paid the bonuses provided for by law for non-working pensioners.

Pensions assigned to military personnel or their families are paid to them through branches of the Savings Bank of the Russian Federation at their place of residence by the pension authorities of the Ministry of Defense of the Russian Federation, which include the corresponding military registration and enlistment offices at the place of residence of pensioners.

Payment of pensions to military personnel and members of their families is suspended if the pensioner is deprived of liberty by a court verdict - for the period of imprisonment, and in the event of the death of the pensioner, the remaining unpaid part of the pension is paid to members of his family if they performed his funeral. If the funeral of the pensioner was not carried out by members of his family, then they lose the right to receive the unpaid part of the pension remaining after the death of the pensioner.

All disputes regarding pension provision for military personnel and members of their families are resolved by the pension authorities of the Ministry of Defense of the Russian Federation (military registration and enlistment offices) in the order of their subordination. In case of disagreement with the decision made by the military registration and enlistment office, the pensioner has the right to apply for a solution to his issue in court.

Thus, the survivor's pension is the sum of two parts: the basic part and the insurance part. The basic part does not depend on the length of service, but the insurance part depends on the length of service and the number of family members of the deceased breadwinner. Deductions are provided, but not more than 50%.

military pensioner family deceased

3.COURT PRACTICE ON PAYMENT OF LABOR PENSION IN THE CASE OF THE LOSS OF A BRIENDSHIP

3.1 Claim of citizen R. regarding the payment of a labor pension in the event of the loss of a breadwinner

In this chapter I want to consider the following case law. Citizen R. Appealed to the Supreme Court of the city of Chelyabinsk with a claim against the Pension Fund Administration for the recalculation of her son’s pension in the event of the loss of a breadwinner. The citizen indicated that her son was granted a pension on July 28, 1993. She also asked to recalculate the pension, to recover the difference between the amount of the pension and the amount of the actually paid pension for the period from January 1, 2002 to October 31, 2003 in the amount of 6,742 rubles. 90 kopecks, and also oblige the defendant to pay a pension from November 1, 2003 in the amount of 1277 rubles. 26 kopecks followed by indexing. The court granted the claim. It would seem that everything is obvious and logical. But there are serious procedural violations here. Citizen R. Recalculated her pension in accordance with a law that is no longer in force.

Thus, the determination of the estimated pension capital can be made only on the basis of the survivor pension established as of December 31, 2001. Due to the fact that as a result of a significant violation of substantive law, judgement mistake, the court decisions taken in the case are subject to cancellation.

3.2 Material from the media about the labor pension in case of loss of a breadwinner

Social pension is paid to citizens in need of cash regardless of their work experience. Its value directly depends on the size of the installed living wage. Disabled citizens can apply for a social pension. For example, disabled people, minor children, etc. This year, the indexation of social pensions was carried out on April 1. Its increase affected about 3 million pensioners. Based on the results of the recalculation, the average social pension amounted to approximately 6 thousand rubles and increased by 107 rubles.

In 2013, depending on the category of recipients, the amount of social pension varied from 3,138 to 8,861 rubles per month. To qualify for regular payments, you must provide the following documents: a passport, as well as a document confirming the right to apply for a social pension. For example, a certificate of belonging to a certain ethnic group or a document indicating the level of disability.

It is expected that the social pension will increase by 15 percent in 2014. These are the figures announced by the country's Minister of Labor and Social Protection. During this period, it is planned to increase the consumer basket and the cost of living, on which the size of social pensions directly depends.

In the coming year, it is planned to carry out two indexations of pension and social benefits. One of them is scheduled for February, the other for April. The average social pension after indexation should be about 7 thousand rubles.

3.3 Opinion of the Government of the Russian Federation on explanatory note to bill No. 641868-5<#"justify">1.Federal Law of December 16, 1994 No. 5-FZ “On Veterans” (as amended on May 6, 2003).

2.Federal Law of December 15, 2001 No. 166-FZ “On state pension provision in the Russian Federation” (as amended on June 30, 2003).

.Federal Law of November 28, 1995 No. 186-FZ “On pension provision for persons who served in military service in internal affairs bodies, the state fire service, institutions and bodies of the penal system and their families” (as amended on February 12, 2003 .).

.Federal Law No. 181-FZ of November 24, 1995 “On social protection disabled people in the Russian Federation" (as amended on December 29, 2001).

.Federal Law of December 17, 2001 No. 173-FZ “On Labor Pensions in the Russian Federation” (as amended on July 25, 2002).

.Machulskaya E.E. law and organization of social security - tutorial. M.: 2010 (200 pages).

.Pension provision for Russian citizens. Practical guide. M.: 2011.

.Zheleznov A. Pension reform: will pension reform affect the size of citizens’ pensions? // Financial News - 04/24/2011 (republished).

In 2015, a pension reform was carried out in the Russian Federation. It practically did not change the fundamentals of the pension system, but led to its adjustment. You can become familiar with the main principles of calculating and forming a labor pension in the Russian Federation by carefully studying the article.

Basic Concepts

What is a labor pension, to whom is it paid, and in what order - the basic information you need to know about the pension system.

What it is?

A labor pension is a monthly payment to a citizen from the state, necessary to compensate him for wages accrued during his working life.

From 2015, the old-age labor pension will be calculated using a new formula:

Insurance component = the amount of (CPV*FV) and (CPV*IPK) multiplied by the SPK.

Explanation of odds:

• FV – fixed payments determined by law;
• IPC – individual character coefficient;
• CPV is a coefficient that encourages delaying retirement;
• SPK is an amount determined annually by the government of the country.

Who is it entitled to?

Payment of funds occurs in three cases:

1. An old-age pension is assigned. It is paid to persons who have reached retirement age and have work experience.
2. A disability pension is awarded. Payments are made to disabled people of 1st, 2nd or 3rd disability groups.
3. Prescribed for the loss of a breadwinner in a family. Paid to family members who were dependent on the deceased breadwinner.

The basis for receiving an old-age pension is reaching retirement age. The remaining conditions will be considered derivative, although their presence is also necessary.

The concept of a labor pension is enshrined in the Federal Law of 2001

Early pensions are not excluded; the following are entitled to receive them:

1. Doctors.
2. Teachers.
3. Miners.
4. Persons working for Far North more than fifteen years.
5. Women who have more than five children, etc.

There are also professional pensions. This requires professional work experience.

Structure

Consists of two components:

• insurance;
• cumulative.

From the beginning of 2015, these parts will become independent in relation to each other.

Insurance component

It will be formed on the basis of insurance premiums received by the fund since 2002. Also, its size will depend on the pension rights acquired by an individual before 2002.

This component includes a mandatory basic pension, the amount of which is 3,190 rubles. These funds accumulate in a personal account.

Cumulative component

The Law on Labor Pensions stipulates that the pension structure includes a funded part. It is formed on a voluntary basis among citizens who have a place of work.

The employer pays for them insurance premiums to the Pension Fund of the Russian Federation.

Attention! Starting from 2014, all insurance premiums are sent to the distribution fund for current payments. Right to postpone financial amounts Only clients of non-state funds have separate accounts.

Until the end of 2015, every citizen has the right to return contributions, the amount of which is 6%, to the funded part of the pension.

To do this, you need to draw up a corresponding application to the Pension Fund, then enter into an agreement with the selected non-state Pension Fund to transfer the money to a new account.

Video: formation of a labor pension

Registration procedure

All citizens have the right to receive a labor pension if they have the grounds established by law. With documented reasons, you must go to the Pension Fund and draw up a corresponding application.

Conditions of appointment

An old-age labor pension is assigned on the following grounds:

Conditions required to apply for a disability pension:

• citizens recognized as disabled people of any group. Confirmation is carried out in medical centers based on the procedure specified in;
• the reason for receiving the degree of disability does not matter. An exception to this procedure is clause 4 of Federal Law No. 173 “On Labor Pensions in the Russian Federation”;
• if a person who has received a degree of disability does not have insurance coverage, a social pension is also established under the Federal Law.

Grounds for receiving a pension due to the death of the breadwinner:

1. Disabled family members who have... An exception to this provision are individuals who have committed a criminal offense that causes the death of the breadwinner. One of the parents, husband (wife) and other close relatives (the full list is indicated in clause 2 of Federal Law No. 173) is assigned a pension regardless of whether they were dependent.
2. The pension is paid exclusively to disabled relatives.

These include:

• relatives (children, grandchildren, etc.) who have not reached the age of majority and are studying full-time at higher educational institutions. Foreign establishments located outside the country are not an exception. The pension is paid until the age of 23;
• a parent, spouse, other close relative has the right to receive a pension if he is engaged in raising (caring for) a child, grandchild or other close relative of the deceased breadwinner;
• parents or wife (husband) of the breadwinner, if their age exceeds 60 for men, 55 for women;
• family members who received all or part of their living expenses from the breadwinner will be recognized as dependents;
• parents who have lost their ability to work.

Required documents

The following documents are required for an old-age pension:

• individual applying for a pension;
• document proving the identity, age and citizenship of an individual. In most cases, such a document is a passport of a citizen of the Russian Federation;
• about monthly earnings in the period from 2000 to 2001 or for sixty consecutive months before January 1, 2002 of labor activity.

Documents for assigning a labor pension due to disability:

• application of an individual;
• passport;
• from a medical institution confirming incapacity for work;
• certificate of monthly earnings in the period from 2000 to 2001 or for sixty consecutive months before January 1, 2002 of labor activity.

Additional documents that may be required only in some cases to receive an old-age pension or in connection with assignment of a disability group include:

1. Certificate about disabled family members.
2. A document confirming the residence or long-term stay of an individual in the Russian Federation.
3. A certificate confirming the change in last name or first name (if this has occurred).

Documents for receiving a labor pension due to the loss of a breadwinner:

• citizen's statement;
• passport;
• certificate of monthly earnings in the period from 2000 to 2001 or for sixty consecutive months before January 1, 2002 of labor activity;
• , indicating the presence of family ties with the deceased person.

At the request of the relevant authorities, the following documents can be presented:

• about the location of an individual on;
• about the place of residence in the Russian Federation;
• about the unknown absence of the breadwinner;
• about the absence of a source of receipt financial resources for accommodation.

To the application for receiving a labor pension early on the basis of Art. 28 Federal Law No. 173, in addition to the listed documentation, you may need:

1. , confirming work experience in a specific activity.
2. A document indicating the birth of a fifth or more children.
3. A certificate indicating the child’s disability since childhood, recognizing the person as incapacitated due to a military injury.

Where to contact?

Where to go to receive:

• for persons residing in the country, to the management of the Pension Fund at their place of residence;
• for persons not registered within the Russian Federation, to the Pension Fund at their location;
• Russian citizens living abroad to the Russian Pension Fund;
• foreigners without Russian citizenship to the Pension Fund at their place of residence in Russia;
• minors should contact the Pension Fund at the place of registration of the parent, guardian, etc.

An exception to this is the payment of old-age pensions to individuals:

At the same time, those receiving a disability pension, the payment of which ceases upon reaching a specified age.

These persons are assigned a pension without submitting an application, based on information at the disposal of the Pension Fund.

The documents at their disposal include the size of the disability pension, passport data, and certificates from medical institutions.

Financing procedure

Financing of labor category pensions comes from the budget of the Pension Fund of the Russian Federation. Based on Art. 18 financial amounts of the Pension Fund have a specific purpose - payment of pensions.

The fund's budget is formed from various sources:

1. Citizens' insurance premiums.
2. Finances of the federal budget fund, which includes social tax.
3. Pennies and sanctions.
4. Contributions from citizens on a voluntary basis to form a future pension.
5. Funds received from investors.

The budget can be formed from other sources that are not prohibited by the legislation of the country.

Main features

The old-age labor pension has a number of distinctive features:

• firstly, her payments are assigned for the rest of her life;
• secondly, it depends on the working experience of the individual;
• thirdly, pension payments are assigned only to those persons who have reached the established age.

TO distinctive features Disability pensions include:

• firstly, to pay it you need confirmation from a medical institution;
• secondly, payments can be made at any age, including from the moment of birth, if the child is assigned a degree of disability of any group;
• thirdly, the amount of payment depends on the disability group.

Pensions are necessary to support the country's disabled population and citizens who have reached a certain age. In order to receive decent payments in the future, it is recommended to familiarize yourself with the basics of the pension system today.

1. The right to a labor pension in the event of the loss of a breadwinner has the disabled members of the family of the deceased breadwinner who were his dependents (with the exception of persons who have committed an intentional criminal act that resulted in the death of the breadwinner and was established in court). One of the parents, spouse or other family members specified in subparagraph 2 of paragraph 2 of this article is assigned the specified pension regardless of whether or not they were dependent on the deceased breadwinner. The family of an unknown breadwinner is equated to the family of a deceased breadwinner if the unknown absence of the breadwinner is certified in the prescribed manner.

2. The following are recognized as disabled family members of the deceased breadwinner:

1) children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner studying full-time in the main educational programs in organizations that carry out educational activities, including in foreign organizations located outside the territory of the Russian Federation, if the referral for training was made in accordance with international treaties of the Russian Federation, 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 are older than this age if they became disabled before reaching the age of 18. In this case, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled family members, provided that they do not have able-bodied parents;

(see text in the previous edition)

2) one of the parents or spouse or grandfather, grandmother of the deceased breadwinner, regardless of age and ability to work, as well as a brother, sister or child of the deceased breadwinner who has reached the age of 18 years, if they are caring for the children, brothers, sisters or grandchildren of the deceased breadwinner, not who have reached 14 years of age and are entitled to a labor pension in the event of the loss of a breadwinner in accordance with subparagraph 1 of this paragraph, and do not work;

3) parents and spouse of the deceased breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled;

(see text in the previous edition)

4) grandparents of the deceased breadwinner, if they have reached the ages of 60 and 55 years (men and women, respectively) or are disabled, in the absence of persons who, in accordance with the legislation of the Russian Federation, are obliged to support them.

(see text in the previous edition)

3. Members of the family of a deceased breadwinner are considered dependent on him if they were fully supported by him or received assistance from him, which was their constant and main source of livelihood.

4. Dependency of children of deceased parents is assumed and does not require proof, with the exception of these children declared fully capable in accordance with the legislation of the Russian Federation or who have reached the age of 18 years.

5. Disabled parents and the spouse of the deceased breadwinner, who were not dependent on him, have the right to a labor pension in the event of the loss of a breadwinner, if, regardless of the time that has passed since his death, they have lost their source of livelihood.

6. Family members of the deceased breadwinner, for whom his help was a constant and main source of livelihood, but who themselves received some kind of pension, have the right to switch to a labor pension in the event of the loss of a breadwinner.

7. The labor pension in the event of the loss of a breadwinner-spouse is preserved upon entering into a new marriage.

8. Adoptive parents have the right to a labor pension in the event of the loss of a breadwinner on an equal basis with their parents, and adopted children - on an equal basis with their own children. Minor children who have the right to a labor pension in the event of the loss of a breadwinner retain this right upon their adoption.

9. A stepfather and stepmother have the right to a labor pension in the event of the loss of a breadwinner on the same basis as their father and mother, provided that they raised and supported the deceased stepson or stepdaughter for at least five years. A stepson and stepdaughter have the right to a labor pension in the event of the loss of a breadwinner on the same basis as their own children, if they were raised and supported by a deceased stepfather or stepmother, which is confirmed in the manner determined by the Government of the Russian Federation.

10. The labor pension in the event of the loss of a breadwinner is established regardless of the duration of the breadwinner’s insurance period, as well as the cause and time of his death, except for the cases provided for in paragraph 11 of this article.

11. If the deceased insured person has no insurance experience at all, as well as in the event that the person commits an intentional criminal act that resulted in the death of the breadwinner and was established in court, a social pension in the event of the loss of a breadwinner is established in accordance with the Federal Law "On State Pension provision in the Russian Federation". In this case, paragraph 12 of this article applies.

(see text in the previous edition)

12. If the death of the insured person occurred before the assignment of the accumulative part of the old-age labor pension to him or before the adjustment of the size of this part of the said pension taking into account additional pension savings, the funds accounted for in the special part of his individual personal account (with the exception of funds (part of the funds) ) maternal (family) capital aimed at forming the funded part of the labor pension, and income from their investment), are paid in accordance with the established procedure to the persons specified in paragraph 12 of Article 16 of this Federal Law. In this case, the insured person has the right at any time, by submitting an appropriate application to the Pension Fund of the Russian Federation, to identify specific persons from among those specified in paragraph 12 of Article 16 of this Federal Law or from among other persons to whom such a payment may be made, and also to establish in which In shares, the above funds should be distributed between them. This statement may be submitted in the form electronic document, the procedure for registration of which is determined by the Government of the Russian Federation and which is transmitted using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services. In the absence of the specified application, the funds recorded in the special part of the individual personal account, subject to payment to the relatives of the insured person, are distributed among them in equal shares.

(see text in the previous edition)

Old age insurance benefit is one of the main types of pensions in our country. In accordance with the law " About insurance pensions" No. 400-ФЗ dated December 28, 2013, in order to qualify for it, the requirements must be met regarding age, the minimum amount of experience and the minimum amount of points scored.

For some categories of citizens, a different retirement age has been determined -. These insured persons work in sectors and industries of the economy named in the Lists approved by the Government. In addition to such citizens general rules it is necessary to develop experience in the relevant types of work.

Labor and insurance pension: what is the difference?

Since the beginning of 2015, a new pension reform has started in Russia. Now, citizens who apply for a payment are issued an insurance pension; Such a concept as a labor pension is now absent from the new legislation.

One of the circumstances affecting the right to receive and the amount of payment is the length of service of the insured person. Previously, when assigning a labor pension, it was taken into account total experience. It includes the total duration of all periods of labor and other generally useful activities until 2002.

All citizens registered in the compulsory pension insurance system received conversion their pension rights as of January 1, 2002. Thus, their rights were converted into calculated pension capital.

• The calculation of length of service for a given period is carried out in calendar order, taking into account the actual duration.
• The only exceptions are certain periods of preferential work, which are counted in an increased amount in accordance with the legislation of the Russian Federation.

Now, when assigning an insurance pension, it is taken into account insurance experience. It includes periods of labor activity, during which insurance contributions to the Pension Fund were calculated and paid, as well as some non-insurance periods (conscription service, caring for a child under one and a half years old, for a disabled person of group I, a disabled child). Such socially significant periods are included in the insurance period, provided that there is direct work time before or after them.

Since 2015 pensions rights are taken into account in pension points, and when the payment is assigned they are converted into rubles.

Conditions for assigning old-age insurance pensions

Pension provision in our country is based on insurance principles, so most of our citizens receive exactly insurance payment due to old age. However, for the assignment of such security there is a number of conditions described in Article 8 of the law “About insurance pensions”:

1. Reaching a certain age.
2. The fact of carrying out labor activity during the years established by law.
3. Availability of a minimum number of individual coefficients.

At the moment retirement age in Russia remains unchanged and amounts to 55 years for women And 60 years for men. For those who work under preferential working conditions, the retirement age is significantly lower than the figures given and depends on the category of the beneficiary.

As for length of service, the minimum amount is should be 15 years when making a payment. This requirement will be introduced by 2024. In the meantime, over the course of several years, the required amount of experience will increase by one year from the previous 5 years gradually. In 2017, the required required experience is 8 years.

With the adoption of the new law, citizens are awarded individual coefficients for each working year. Such points by the time the pension is assigned 30 must be accumulated. This requirement will also not be imposed immediately, but by 2025. In 2017, it is necessary to accumulate 11.4 coefficients and every year this figure will gradually increase. It is worth noting that there is also point limit: from 2021, odds above 10 will not be taken into account; at the moment this figure is 8.26.

Right to early pension assignment

• For some categories of citizens (disabled people of group I, citizens who have reached 80 years of age or who have dependents to support them), the value of the PV is set at an increased rate.
• For citizens who worked or lived in the North, “northern” coefficients are applied to this value.

In addition, the state has provided for the possibility additional increase the amount of payment due to bonus coefficients if a citizen decides to retire at a later date. In this case, the values ​​of the IPC and FV will be increased depending on the period for which citizens postponed the registration of their pension benefits.

New calculation formula

Based on the above, you can convert all significant factors into a formula for calculating your pension.

It looks like this:

SP = IPC x SPK + FV,

• JV- amount of insurance payment;
• IPC- accumulated pension points;
• SPK- the cost of one point on the day the pension is established;
• FV- basic amount.

This formula fully applies to those citizens who began their working career in 2015. For those who have little time left before retirement, all accumulated rights will be converted (translated) into coefficients, and then the calculation will be carried out in a new way.

Indicators such as a fixed amount and the cost of a pension point are increased annually by the Government of the Russian Federation at the rate of inflation.

Amount of fixed payment towards pension in 2017

Previously (from February 1, 2016), the base amount was increased by 4% and amounted to 4,558.93 rubles. The annual indexation of this indicator, approved by the state, takes place at a level not lower than inflation for the previous year.

An important innovation since 2016 has been the abolition of indexation of this indicator for working pensioners. The fact of employment is determined on the basis of data provided by policyholders in a monthly simplified report. After termination of work, pension payment is resumed, taking into account indexation. Moreover, when applying for a job, the amount of the insured amount is again will not be reduced.

In 2017, the amount of pension insurance was increased twice: according to inflation in 2016 - 5,4% and additionally up to the value specified by law of 5.8%. Thus, from April 1, 2017, the amount of the fixed payment will be 4823.37 rubles.

Minimum old-age pension in 2017

In accordance with the formula introduced under the new law, in order to become eligible for an insurance pension, it is enough to have 8 years of experience and 11.4 pension points in 2017. If there are such minimum values ​​of these indicators, the insurance payment will be assigned accordingly in the minimum amount.

It is worth noting that for recipients of pension payments, the amount of which is below the subsistence level established in the region of residence of the citizen, a federal social supplement (FSD) will be established.

Based on the above indicators, you can calculate the amount of insurance payment with minimum requirements.

It is known that the minimum requirement for pension points in 2017 is 11.4 pension coefficients. The insurance period is not taken into account when calculating the pension using the formula.

Having data on the cost of a pension point in 2017 and the size of a fixed amount equal to 78.58 rubles and 4823.37 rubles, respectively, we calculate the amount of the minimum pension payment in 2017:

11.4 x 78.58 rub. + 4823.37 rub. = 5719.18 rub.

This amount is significantly lower than the national subsistence level (8,540 rubles), as a result of which, when assigning a pension with minimum requirements, you can count on a federal social supplement to your pension.

Assignment of pension benefits

IN in this case the citizen must contact territorial body Pension Fund or to a multifunctional center (MFC) that has entered into an appropriate agreement with the fund.

• Insurance pension established from the date of application after it, but not before the emergence of law. The day of application is considered to be the date of acceptance of the relevant application, or the number indicated on the postmark when transmitting such a document by mail, or the time of its sending via the Internet when using the government services portal.
• An exceptional case from of this rule is an application for old-age payment within a month from the date of dismissal from the enterprise. Then the pension will be assigned from the next day after dismissal.

An application for establishing a payment based on age is considered by specialists from the Pension Fund of Russia within 10 working days from the date of admission, after which a decision is made on appointment or refusal. In the latter case, the Pension Fund informs the citizen within five working days about the decision taken indicating the reason and deadline for appealing it. The period for reviewing documents can be extended beyond 10 days, but only if it is necessary to submit additional certificates. In any case he cannot be longer than three months.

The assignment of an old-age insurance pension is carried out without specifying the expiration date, that is indefinitely.

What documents are needed to apply for an old-age pension?

When applying for an old-age benefit, it is necessary to in order to present the following documents:

1. passport of the insured person who is a citizen of the Russian Federation, or residence permit for foreigners;
2. certificate confirming registration in the compulsory pension insurance system (SNILS);
3. work book and certificates confirming the fact of the citizen’s work, in the absence of an entry in the main document about the length of service;
4. salary certificate for 60 months during consecutive periods of work in the work book.

The last document will be considered in comparison with the result obtained on a citizen’s salary for 2000 - 2001, available to the Pension Fund of Russia. The most profitable option will be selected to calculate the total amount.

To assign a pension, the following may be submitted: other documents, the need for which will be reported by a Pension Fund specialist after a detailed study of all submitted certificates. Documents from other departments of the state and bodies subordinate to it are requested without the participation of the citizen as part of the provision of public services.

Payment of old-age insurance pension

Age payments are calculated and delivered for the current month. Citizens can receive a pension on their own or by issuing a power of attorney to another person. If the expiration date of this document exceeds one year, then payment for it will continue subject to confirmation by the pensioner of the fact of registration at the place of receipt of payment.

When submitting an application for appointment, a citizen is required to indicate a convenient method for delivering the pension. There are several such options:

• through post offices (at home or at the organization’s cash desk);
• through a bank;
• through an organization engaged in delivery of payments (at home or directly in such an institution, selecting it from the list of enterprises that have entered into an appropriate agreement with the Pension Fund of the Russian Federation).

Subsequently delivery method can be changed, if a citizen submits his expression of will in the form of a written appeal to the Pension Fund.

In accordance with current legislation, the recipient of an old-age insurance payment is obliged to notify the Pension Fund of all matters leading to a change in the amount of the pension, its termination or extension, as well as a change of place of residence on the next working day after the occurrence of such circumstances.

In addition to the insurance payment for citizens established, there are those assigned in more early age. The condition for the emergence of the right to such a pension is the presence of insurance experience on relevant types of work. The minimum length of service and points requirements are the same as for a regular old-age pension.

A special feature of including periods of work for citizens of certain professions in the length of service for early retirement provision is mandatory payment from the beginning of 2013.

Disability insurance pension

Citizens who have lost their ability to work need comprehensive assistance, including from the state, which takes measures to support and protect them. The basic concepts regarding support for people with disabilities are contained in the law No. 181-FZ of November 24, 1995. “On social protection of disabled people in the Russian Federation”.

Survivor's insurance pension

An insured event, namely the death of the breadwinner, is the basis for this type of pension. To establish, you must fulfill following conditions:

• the deceased has insurance experience;
• there is no unlawful act committed by a disabled family member and resulting in the death of the breadwinner.

The length of service during which the employer made contributions to the Pension Fund for the deceased breadwinner is necessary for the right to an insurance pension. Moreover, such experience may be equal to one day. If the deceased citizen did not work for a single day, then he will be assigned.

Amount of insurance pensions

According to the adopted law “On insurance pensions in the Russian Federation” carried out according to the formula:

SP = IPK x SPK,

• JV- pension amount;
• IPC- individual pension coefficient;
• SPK- the value of the individual coefficient in monetary terms on the day of payment.

This formula fully applies to the calculation of pension payments to those who begin their working career in 2015. For those who have little time left before retirement, the rights accumulated up to this point will also be converted into points, and then will be calculated in a new way.

Thus, pension rights citizens formed before 2015 into the sum of individual coefficients, and to this value the coefficients for each year of service after 2015 will be added.

The value of the individual pension coefficient (IPC)

As can be seen from the formula that determines the insurance payment, its main element is the IPC. This coefficient takes into account both periods of work that took place before the new law comes into force, so periods after. Thus, the expectations of citizens who formed their pension rights under the conditions of the previous legislation are taken into account.

The value of the IPC is determined by the formula:

IPC = (IPC s + IPC n) x K in SP,

• IPC- individual coefficient for the day from which the payment is assigned;
• IPC with- individual coefficient for periods before January 1, 2015;
• IPC n- individual coefficient for periods of work after January 1, 2015;
• K in joint venture- increasing coefficient for and in case of loss of a breadwinner.

If the citizen then starts working again, then his insurance pension will not be reduced.

Indexation of pensions in 2019

Every year on February 1, the state provides all types of insurance pensions, taking into account rising prices and the average monthly salary in the country.

In 2019, taking into account budget planning with inflation in a larger amount than the actual one (actual - 4.3%), a decision was made increase insurance pensions by 7.05%, and with the indexation date shifted by one month - January 1st. This measure is aimed at ensuring a more significant increase in the real amount of pensions.

It is important to remember that the minimum pension payment cannot be below the subsistence level installed in each specific region. If the pension provision is below this level, then the citizen has the right to be established from the federal or regional budget.

Payment of labor pension

All types of insurance pensions are paid monthly for the current period. A pensioner can receive a pension payment personally or through a proxy. The pension established for the child is received by one of the parents or guardian. A fourteen-year-old child can receive a pension independently.

The method of delivery of pension payments is chosen by the citizen when writing an application for appointment. However, this method may be by submitting a corresponding application to the Pension Fund.

Pension payment carried out:

• through post office institutions (at home or at the post office);
• through the bank.

Suspension and termination of payment

Pension payments are subject to the following circumstances:

• failure to receive such payments within six months;
• failure of a disabled citizen to appear for the next re-examination;
• the pension recipient has reached the age of majority and has no documents confirming his full-time studies, or has completed his studies after the age of 18;
• termination of the residence permit;
• receipt of documents on the departure of a pensioner for permanent residence in a foreign state, with which an agreement has been concluded on the obligations of this state to provide pensions to our citizens;
• receipt of documents on moving for permanent residence to a foreign country with which an international treaty has not been concluded, and the absence of an application to leave Russia.

Suspension or termination payment of the pension amount is carried out from 1st, following the month in which such circumstances occurred.

Pension payments are subject to the following circumstances:

• death of the pension recipient or recognition as missing;
• the expiration of six months from the date of suspension of payment;
• loss of the right to an assigned type of pension;
• failure to submit foreign citizen or a stateless person with a residence permit;
• refusal to receive insurance payment.

It should be remembered that a citizen is obliged notify in a timely manner bodies of the Pension Fund of the Russian Federation about the circumstances entailing the suspension or termination of pension provision. The previous pension legislation will be preserved. For this purpose it is carried out conversion of pension rights into individual coefficients.