Pension legislation plays a huge role in the formation and development of social policy of the state. And one of the fundamental regulatory documents is the law governing the payment of labor pensions.
general characteristics
The Federal Law "On Labor Pensions" includes in its structure only 32 articles, which are combined in 7 chapters. It was adopted in 2001 and has undergone several changes. Today it is used in terms of calculating the size of labor pensions, as well as methods for calculating insurance payments.
Despite the termination of many articles, this law helps not only to prepare for social security exams, but also to understand the ways of calculating pension payments that rely on fruitful work. Pension legislation regarding labor regulation is actually based on this legal regulation.
About the general provisions
The first chapter of the Federal Law 173 includes 6 articles. From the very first lines, the regulatory document draws the attention of citizens to the fact that the payment of labor pensions is carried out in accordance with the law. The first article reads out the general provisions that are characteristic of most normative acts. For example, that in case of discrepancy between international norms and current legislation, priority is given first. It also lists the legislative framework, which has an auxiliary value for social policy as a whole.
The following article provides a number of concepts that are necessary for clarification and interpretation of NPAs on pension provision. For example, the most commonly used definitions here are: retirement pension, length of service, pension capital, personal account, pension savings and much more. The first chapter also indicates the persons who have the right to receive this type of payment, as well as the types of their pensions:
- old age;
- on disability;
- in case of loss of the breadwinner.
At the same time, the parts forming an integral payment are indicated: insurance and funded pensions.
On the condition of receiving payments
The second chapter of the law “On labor pensions in the Russian Federation” talks about the immediate conditions that must exist at the time of the claim for payment. So, a citizen wishing to receive a retirement pension must reach the established age (women - 55 years old; men - 60). A retirement pension in case of old age is paid in the presence of five years or more.
In addition, depending on the type of pension, there are other conditions for receiving payments. So, the benefit for the loss of a breadwinner can be received by all legally incapable citizens who were dependent on the deceased or deceased. However, such persons cannot exercise the right to receive a retirement pension in the event of unlawful acts against the breadwinner. For example, if a daughter killed her father to receive payments.
Pension legislation provides a list of persons entitled to receive this type of payment:
- Children and grandchildren, brothers and sisters of the breadwinner who have not reached the age of majority.
- One of the relatives, including the spouse, if he is engaged in caring for a child or for a disabled citizen.
- Grandparents who have reached retirement age.
In this case, dependents are recognized as persons whom the deceased fully provided or allocated money, which is the only source of subsistence for the former. It is important to keep in mind that a survivor's labor pension is retained even in the future.
About experience
Chapter 3 of the Federal Law "On labor pensions in the Russian Federation" is devoted to seniority. In this section, special attention is paid to periods of work that are officially counted as seniority. So, an indispensable condition for obtaining a retirement pension is the employer deductions made to the Pension Fund of the Russian Federation. For example, if for 5 years you worked for an entrepreneur who gave salaries “in an envelope”, then during this period you will not be able to claim a labor pension, in fact, you have no right to it.
In addition, the law in a separate article draws attention to other periods that may be counted by the legislator. This chapter also indicates the procedure for calculating and confirming the length of service.
About the amount of payments
Pension legislation, reflected in the law under consideration, fixes the amount of statutory benefits. Article 14 presents a number of formulas by which each citizen will be able to calculate the amount due to him. In order for the calculations to be correct, you need to know the following indicators:
- amount of estimated pension capital;
- a fixed amount of a retirement pension;
- the number of months of the expected payment period, which is 19 years (no matter how sad it may sound, but for each senior citizen, the state actually determined the life expectancy of 228 months, or 19 years).
At first glance, these figures seem terribly incomprehensible, however, in any bank, tax service or in a single information center, the calculation algorithm will be explained to you in a matter of minutes. Among all, this chapter is the most extensive, as it contains a huge number of formulas and fixed amounts of payments.
And in conclusion ...
As for articles 18 to 32 inclusive, they are devoted to recalculations, appointment, review of pension payments, as well as the procedure for issuing and receiving pension accruals. These provisions are more relevant to the activities of municipal and state bodies that are engaged in customer service.
In addition, these chapters deal with rare cases of recalculation in case of errors, violation of the law, as well as inattention by a pension center employee. The fifth chapter draws attention to such nuances as the method of pension delivery, by whom it is paid, whether a citizen has the right to receive it in the course of employment.
Article 19 draws attention to the terms of payment, for example, a labor disability pension is paid from the date of recognition as a disabled person, if he applied to the relevant authorities before the expiration of 12 months after assigning such status.