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

Each working citizen of the countrywhen he reaches a certain age or a set length of service, the old-age retirement pension is required. The law regulates the procedure for the establishment and payment of funds of the relevant category of the population. Consider further the basic regulatory standards.

Basic Provisions

The law "On labor pensions in the Russian Federation" definesthe procedure for the accrual and payment of assigned amounts. Changes in the established rules and regulations are carried out exclusively by making appropriate amendments to the regulatory act. If international agreements define conditions that differ from the provisions of the Law "On Labor Pensions", the former apply. In cases stipulated by the norms, the Government establishes the procedure for exercising the rights of citizens to payments and the specifics of their accrual to certain categories of persons. To ensure the uniform application of the provision of the Law on Labor Pensions, explanations may be issued. Relationships relating to the cash security of individuals at the expense of regional and local budgets, as well as the capital of enterprises, are governed by the normative acts of subjects, municipalities and organizations.

Key concepts of the Law "On labor pensions"

They are set in art. 2 regulatory act. Normally, the following concepts are defined:

1. Labor pension.Under it understand the amount of money paid to compensate citizens salary or other income that came before leaving the company in connection with the achievement of a certain age, or if they lost their disabled relatives of the breadwinner 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 under review.
2. Insurance experience.This is the total duration of working periods or other activities during which contributions to the FIU were paid. In the insurance experience may include other time intervals established in the legislation. The specified total duration of periods is taken into account when determining the right to receive compensation payments upon reaching a certain age in norms.
3. Пенсионный расчетный капитал.It is accounted for in the manner determined by the Government. Capital is the total amount of insurance contributions and other income to the FIU and pension rights expressed in money acquired prior to the entry into force of the law in question. It acts as a basis for determining the size of the insurance part of payments.
4. The establishment of a pension. It represents the appointment, recalculation of the size of payments, as well as a transfer from one category of deductions to another.
5. Individual account.It is a set of information about insurance premiums and other data received in respect of a citizen. The information contains the identification signs of the 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 insurance premiums received for the accumulative financing of pensions, income from investments and payments made from savings.
7. Expected issuance period.This indicator is calculated in accordance with the data of the executive federal statistical body. It is used to determine the insurance and savings elements of a pension.
8. Accumulation. They represent the totality of the funds reflected in a special section l / s. Savings are formed from insurance premiums and investment income.

Subjects of law

The Federal Law "On old-age labor pensions" establishes the following categories of subjects:

1. Citizens of the country, insured in the manner prescribed by the normative act "On OPS", subject to the conditions defined in the relevant legal document.
2. Disabled relatives of working citizens. These subjects have the right to labor pension in the presence of the conditions established by Art. 9 Federal Law № 173.
3. Foreigners and stateless persons.To obtain the appropriate right, they must reside permanently in the territory of Russia. Exceptions may be provided for in other regulatory acts or international agreements.

The right to choose payments

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 provided by the norms, simultaneous assignment of state security payments and labor pensions (its part) is allowed. Subjects may apply to the authorized structures at any time (without any time limit) after the appearance of the corresponding right.

Pay Classification

Federal Law 173-FZ "On labor pensions" provides for three types of accruals. Payments are made:

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

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

Sources of funds

Правила, в соответствие с которыми осуществляется financing of labor pensions, the procedure for recording income on an individual l / s are established by the provisions of the Law governing the mandatory pension insurance of citizens. In the case of amendments / additions to the regulatory acts related to an increase in the costs of payments, the specific legal source and conditions for covering additional expenses are determined in the relevant legal document. In addition, federal laws are passed without fail, fixing adjustments. The formation of the cumulative part of payments is made subject to the availability of funds accounted for in the special section of the individual l / s.

Payout amount

Initially 173 Law on Labor Pensionsestablished the basic part, equal to 450 rubles per month. Citizens who have reached the age of 80, who are disabled and who have a restriction of their ability to carry out professional activities of the 3rd century, were appointed 900 rubles per month. Persons with disabled dependent dependents listed in Art. 9 (p. 3, p. 2 in 1, 3, 4 sub-paragraphs), the following basic parts were established:

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

Гражданам, достигшим 80 лет либо являющимся disabled persons with limited ability to work of the 3rd century, dependent on which are the subjects indicated in art. 9 of the considered normative act, was appointed:

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

Annually indicated amounts were indexed.Since 2010, another payment scheme has become operational. The basic part was included in the insurance. Since 2016, this payment has been renamed. Now it is called a fixed payment to the insurance pension. Its size is 4556 rubles.

Calculation of the insurance part

P. 5 of 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, taken into account on the date from which he was assigned the appropriate payment;
  T - the number of months of the expected time of receipt of the monetary allowance used in the calculation and is 19 years (228 months).

Nuances

Law "On labor pensions in the Russian Federation"establishes that in case of assignment of the insurance part upon reaching a person of a later age than paragraph 1 of Article 7, the expected payment time is reduced by 1 year for each year (full) that has elapsed since the date of its occurrence. At the same time, the period used to calculate the value of the specified component cannot be less than 168 months. (14 years old). In the case of recalculation of the insurance part according to paragraphs. 3 and 4 of article 17 of the considered normative act, the expected time of payment decreases by 1 year for each year elapsed from the date of its appointment. This period, taking into account the reduction provided for above, may not be less than 14 years.

Cumulative part

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

• LF = PN: T, where
  
  PN - the amount of savings of the insured citizen, accounted for in a special section of his l / s on the date from which he was assigned to the payment of LF;
  T - the number of months of the estimated old-age pension, used in the calculation.

When establishing payments, in whichthere is an accumulative and (or) insurance part, funds that are reflected on an individual l / s and taken into account at the appointment are not taken into account in case of recalculation on the grounds established by Art. 17 (p. 3, 4, 10), as well as the indexation of capital, as defined by Art. 30 (p.8). To calculate the total amount, the Federal Law “On labor pensions in the Russian Federation” N 173-FZ provides the following formula:

• P = warhead + woofer + midrange.

Additionally

It should be said about another article thatcontains the Law in question, 27. Citizens will learn about labor pensions as early as during work. Some categories of persons have the right to early payment. These subjects include the Federal Law “On Labor Pensions”:

1. Мужчин до 50 и женщин до 45 лет, если они worked for at least 10 and 7 years and 6 months. respectively, in enterprises with harmful conditions, in hot shops, underground. In this case, the insurance experience is 20 and 15 years. If the specified persons carried out professional activities at the specified enterprises less than the period specified above, but at the same time have the required length of service, payments are assigned to them with decreasing age, which is provided for by art. 7, for 1 year for each year of such work.
2. 55 men and 50-year-old women who worked in enterprises with harsh conditions for at least 12 years 6 months. and 10 years respectively. At the same time, they must have insurance experience of 25 and 20 years.
3. Женщин 50 лет, если они отработали tractor operators in the agricultural and other industries, as well as drivers of construction, loading and unloading and road machines for at least 15 years. The insurance experience should not be less than 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. Мужчин 55 и женщин 50 лет, если они трудились не less than 12.5 and 10 years, respectively, working locomotive brigades and other staff directly involved in organizing transportation and ensuring safety in the metro and rail transport, as well as truck drivers when performing operations in cuts, mines, mines or quarries on the export of rocks. At the same time, their insurance experience is 25 and 20 years, respectively.
6. 55 men and 50 years old women who have worked 12.5 and10 years in batches, on sites, in groups, teams on topographic-geodesic, prospecting, geological exploration, hydrographic, geophysical, forest management works. The insurance experience at the same time - not less than 25 and 20 years, respectively.
7. 55 men and 50 years old women who have worked 12.5 and10 years by craftsmen, including elders, in timber rafting, logging, including maintenance of equipment and machinery. Their insurance period should be respectively 25 and 20 years.
8. 55 men and 50-year-old women who have worked for 20 and 15 years by machine operators of integrated brigades on loading / unloading in ports. Their insurance period must be at least 25 and 20 years, respectively.
9. 55 men and 50 women who have worked 12.5 and 10 yearson the crew of ships of the river, sea, fish-industrial fleet, except for vessels constantly residing in the port waters, traveling and service-traveling, intracity and suburban traffic. The insurance experience is established not less than 25 and 20 years respectively.
10. 55 men and 50 years old women who have worked 20 and 15years of trolleybus, tram, bus regular passenger bus drivers. The size of the insurance experience at the same time - at least 25 and 20 years, respectively.
11. Persons employed during the full shift on the mountainworks (closed / open type) associated with the extraction of shale, coal, ore and other minerals, as well as the construction of mines and mines, regardless of their age, if the experience is not less than 25 years, and for employees of leading professions - not less 20 years. The latter include the miners clean slaughter, machinists excavation units, drifters and so on.
12. Men and women who have worked for 25 and 20 years on ships of the fishing and industrial marine fleet, engaged in the extraction and processing of seafood, acceptance of finished products.
13. Men and women, for 25 and 20 years, respectively, were in the flight personnel of civil aviation. In case of abandonment of this activity for health reasons - not less than 20 and 15 years.

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