The content of the law "On labor pensions in the Russian Federation"

Each working citizen of the country, upon reaching a certain age or the established length of service, is entitled to an old-age labor pension. The law regulates the procedure for the establishment and payment of funds of the corresponding category of the population. Consider further the main regulatory standards.

Key Points

The law "On labor pensions in the Russian Federation" determines the procedure for calculating and paying assigned amounts. Changing the established norms and rules is carried out exclusively by making appropriate additions to the normative act. If in international treaties conditions are defined that are different from the provisions of the Law "On Labor Pensions", the first shall apply. In cases stipulated by the norms, the Government establishes the procedure for exercising citizens' rights to payments and the particulars of their accrual to certain categories of persons. Explanations may be issued to ensure uniform application of the provisions of the Law on Labor Pensions. Relations concerning the provision of money to individuals at the expense of regional and local budgets, as well as the capital of enterprises, are regulated by regulatory acts of subjects, municipalities and organizations.

Key Concepts of the Law on Labor Pensions

They are installed in Art. 2 normative acts. The following concepts are defined in norm:

1. Labor pension. It is understood as the amount of money paid to compensate citizens for their salary or other income received before leaving the company in connection with reaching a certain age, or if the disabled breadwinner’s relatives lost in the event of the death of the latter. The right to a pension is determined by the rules and conditions established by the law in question.
2. Insurance experience. This is the total duration of working periods or other activities during which contributions were made to the FIU. The insurance period may include other time periods established by law. The indicated total length of periods is taken into account when determining the right to receive compensation payments after reaching a certain age in the norms.
   
3. Pension settlement capital. It is taken into account in the manner determined by the Government. Capital is the total amount of insurance premiums and other income to the FIU and pension rights expressed in money acquired before the law in force enters into force. It acts as a basis for determining the size of the insurance part of payments.
4. The establishment of a pension. It represents the purpose, recalculation of the size of payments, as well as the transfer from one category of contributions to another.
5. Individual account. It is a complex of information about insurance premiums and other data received in relation to a citizen. The information contains identification features of a person in the FIU and so on.
6. Special part l / s. It is a section of the account of the insured citizen in the system of personified (individual) accounting in the FIU. It takes into account information on received insurance contributions deducted for accumulative financing of pensions, income from investments and payments made from savings.
7. The expected issuance period. This indicator is calculated in accordance with the data of the executive federal body for statistics. It is used to determine the insurance and funded elements of a pension.
8. Accumulation. They represent the totality of funds reflected in a special section l / s. Savings are formed from insurance premiums and investment income.
   

Subjects of law

The Federal Law "On Retirement Pensions" establishes the following categories of entities:

1. Citizens of the country who are insured in the manner prescribed by the normative act "On the OPS", subject to the conditions specified in the legal document under consideration.
2. Disabled relatives of working citizens. These entities have the right to a retirement pension subject to the conditions established by Art. 9 Federal Law No. 173.
3. Foreigners and stateless persons. To obtain the appropriate right, they must permanently reside in Russia. Exceptions may be provided for in other regulations or international agreements.

The right to choose a payment

Federal Law No. 173 On Labor Pensions provides for several types of compensation. Citizens with the right to more than one are assigned any of them to choose from. In the cases stipulated by the norms, the simultaneous assignment of payments for state security and labor pension (part thereof) is allowed. Entities may apply to authorized structures at any time (without any time limit) after the appearance of the corresponding right.

Payout Classification

Federal Law 173- On Labor Pensions provides for three types of accruals. Payments are made:

1. In connection with reaching non-working age.
2. By disability.
3. In connection with the loss of the breadwinner.

The first two types of charges may include accumulative, basic and insurance parts. The same elements, except the first, may be included in the labor pension, which is assigned in connection with the loss of the breadwinner. If a citizen does not have the right to receive these payments, he is assigned social security. It is established in accordance with the law governing state support for the non-working population.

Sources of funds

The rules in accordance with which the financing of labor pensions is carried out, the procedure for recording income on an individual personal income tax is established by the provisions of the Law governing compulsory pension insurance of citizens. In case of amendments / additions to regulatory enactments related to an increase in payment costs, the specific legal source and conditions for covering additional costs are determined in the relevant legal document. In addition, federal laws fixing amendments are mandatory. The formation of the cumulative part of payments is made if there are funds accounted for in the special section of the individual l / s.

Payout amount

Initially, the 173 Law "On Labor Pensions" established the basic part equal to 450 rubles / month. Citizens who have reached 80 years of age, who are disabled and have a limitation on the ability to professional activity of the 3rd art., Were assigned 900 rubles / month. Persons with disabled dependent relatives listed in Art. 9 (p. 3, p. 2 in 1, 3, 4 subparagraphs), the following basic parts were established:

• 600 rub / month - if there is 1 specified family member;
• 750 rub / month - two;
• 900 rub / month - three.

Citizens who have reached 80 years of age or who are disabled with a limited ability to work of the 3rd art., Dependents of which are the entities specified in art. 9 of the considered normative act, it was appointed:

• 1050 rubles / month;
• 1200 rubles / month;
• 1350 rub / month - in the presence of 1, 2, 3 of such relatives, respectively.

The indicated amounts are indexed annually. Since 2010, a different payment scheme has been introduced. The base part was included in the insurance. Since 2016, this payment has been renamed. Now it is called a fixed payment for an insurance pension. Its size is 4556 rubles.

Calculation of the insurance part

P. 5, Art. 5 of the Law "On Labor Pensions" establishes the following calculation procedure. The insurance part is determined using the formula:

• MF = PC: T, in which
  
  PC - the amount of capital of the insured citizen, recorded at the date from which he was assigned the appropriate payment;
  T is the number of months of the expected time of receiving monetary allowance used in the calculation and amounting to 19 years (228 months).

Nuances

The Law "On Labor Pensions in the Russian Federation" establishes that in case of assignment of the insurance part after a person reaches a later age than specified in paragraph 1 of Article 7, the expected payment time is reduced by 1 year for each year (full) that has expired from the date its offensive. At the same time, the period used to calculate the magnitude of the specified component cannot be less than 168 months. (14 years). In the case of recalculation of the insurance part in accordance with paragraphs. 3 and 4 of article 17 of the considered normative act, the expected time of payment is reduced by 1 year for each year elapsed from the date of its appointment. This period, taking into account the reduction provided for above, cannot be less than 14 years.

Cumulative part

The Law on Labor Pensions (173-) establishes the following formula for calculation:

• LF = MON: T, where
  
  PN - the sum of the savings of the insured citizen, recorded in a special section of his l / s on the date from which he is assigned to pay LF;
  T - the number of months of the estimated accrual of old-age pension used in the calculation.

When determining payments, in which there is an accumulative and (or) insurance part, funds that are recorded on an individual l / s and taken into account when appointing are not taken into account in the case of recalculation on the grounds established by Art. 17 (paragraphs 3, 4, 10), as well as in the indexation of capital, as defined in Art. 30 (p. 8). To calculate the total amount, the Federal Law "On Labor Pensions in the Russian Federation" N 173- provides the following formula:

• P = warhead + bass + midrange.

Additionally

It is worth mentioning another article, which the Law under consideration contains, 27. Citizens will learn about labor pensions during their work. Some categories of persons have the right to early payment. The Federal Law "On Labor Pensions" includes such entities:

1. Men under 50 and women under 45 if they have worked for at least 10 and 7 years and 6 months. accordingly, in enterprises with harmful conditions, in hot shops, underground. Moreover, the insurance period is 20 and 15 years. If these persons have carried out professional activities at these enterprises for less than the period specified above, but at the same time have the required length of service, they are assigned payments with decreasing age, which is provided for in Art. 7, for 1 year for each year of such work.
2. Men 55 and women 50 years old, who worked at enterprises with difficult conditions for at least 12 years 6 months. and 10 years respectively. Moreover, they must have an insurance experience of 25 and 20 years.
3. Women are 50 years old if they have worked as tractor drivers in the agricultural and other sectors, as well as drivers of construction, loading and unloading and road machines for at least 15 years. At the same time, the insurance period must be at least 20 years.
4. Women are 50 years old if they have worked in the textile industry for at least 20 years in enterprises with increased severity and intensity of conditions.
5. 55 men and women 50 years old, if they worked for at least 12.5 and 10 years, respectively, as workers of locomotive crews and other employees directly organizing transportation and ensuring safety in the subway and railway transport, as well as truck drivers when performing operations in sections, in mines, in mines or quarries for the removal of rocks. Moreover, their insurance experience is 25 and 20 years, respectively.
6. Men 55 and women 50 years old, who worked 12.5 and 10 years in batches, on plots, in detachments, teams on topographic and geodetic, prospecting, exploration, hydrographic, geophysical, forestry works. In this case, the insurance experience is not less than 25 and 20 years, respectively.
7. Men 55 and women 50 years old, who worked for 12.5 and 10 years as craftsmen, including seniors, including rafting, logging, including maintenance of equipment and machinery. Their insurance experience should be 25 and 20 years, respectively.
8. Men 55 and women 50 years old, who worked for 20 and 15 years as machine operators of integrated brigades for loading / unloading in ports. Their insurance experience must be at least 25 and 20 years, respectively.
9. 55 men and women 50, who have worked 12.5 and 10 years on the crew of river, sea, and fish industrial fleets, except for vessels that are constantly located in the port, traveling and traveling, intracity and suburban traffic. The insurance period has been established for at least 25 and 20 years, respectively.
10. Men 55 and women 50 years old, worked for 20 and 15 years as drivers of trolley buses, trams, buses of regular passenger routes. In this case, the length of insurance period is at least 25 and 20 years, respectively.
    
11. Persons employed during a full shift in mining (closed / open type), associated with the extraction of shale, coal, ore and other minerals, as well as in the construction of mines and mines, regardless of their age, if the length of service is at least 25 years , and for employees of leading professions - at least 20 years. The latter include miners of clean slaughter, machinists of mining units, drifters and so on.
12. Men and women who have worked for 25 and 20 years on board vessels of the fishery and marine fleet engaged in the extraction and processing of seafood, acceptance of finished products.
13. Men and women, for 25 and 20 years, respectively, staying in the flight structure of civil aviation. In case of abandonment of this activity for health reasons - at least 20 and 15 years.

Lists of relevant works, industries, professions, positions, specialties and institutions, rules for calculating periods of activity and rules for calculating payments are established, if necessary, by the Government.