Pension legislation plays a huge rolein the formation and development of social policy of the state. And one of the fundamental regulatory documents is the law regulating the payment of labor pensions.
The Federal Law "On Labor Pensions" includes in its structureonly 32 articles, which are combined in 7 chapters. It was adopted in 2001 and has been repeatedly modified. 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 methods of calculating pension payments due as a result of productive work. Pension legislation in terms of labor regulation is actually based on this LA.
The first chapter 173 of the Federal Law includes 6 articles.From the first lines of the normative 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 discloses general provisions that are characteristic of most regulatory acts. For example, that in case of discrepancy between international norms and current legislation, priority is given first. It also lists the legal framework that carries auxiliary value for social policy, in general.
The following article provides a number of concepts.which are necessary for explaining and interpreting the NLA about the provision of pensions. For example, the most commonly used definitions here are: retirement pension, seniority, retirement capital, personal account, retirement savings, and more. The first chapter also indicates persons who are entitled to receive this type of payment, as well as the types of their pensions:
At the same time, the parts forming the integral payment are indicated: insurance and funded pensions.
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 payment. So, a citizen who wants to receive a retirement pension must reach the established age (women - 55 years old; men - 60). The labor pension in case of old age is paid in the presence of five years or more seniority.
Кроме того, в зависимости от вида пенсии, There are other conditions for receiving payments. Thus, the benefit for the loss of the breadwinner may 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 labor pension if they commit unlawful acts against the breadwinner. For example, if the daughter killed the father to receive payments.
Pension legislation provides for a list of persons entitled to receive this kind of payment:
Dependents in this case are personswhich the deceased fully provided or allocated funds, which are the only source of livelihood for the former. It is important to bear in mind that the retirement benefit for the loss of the breadwinner is retained even in the event of marriage in the future.
Chapter 3 of the Federal Law "On Labor Pensions in the Russian Federation" is dedicated towork experience. In this section, special attention is paid to periods of work, which are officially counted in the seniority. So, a prerequisite for obtaining a labor pension are employer contributions made to the Pension Fund of the Russian Federation. For example, if you worked for 5 years for an entrepreneur who paid salary "in an envelope", then during this period you will not be able to claim a retirement pension, in fact, you are not entitled to it.
In addition, the law in a separate articledraws attention to other periods that may be counted by the legislator. This chapter also indicates the procedure for calculating and confirming insurance experience.
Пенсионное законодательство, отражаемое в this law, fixes the amount of the payments. Article 14 presents a number of formulas by which every citizen can calculate the amount of payment due to him. In order for the calculations to be correct, you need to know the following indicators:
С первого взгляда данные показатели кажутся terribly incomprehensible, but 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.
As for articles 18 to 32 inclusive,they are devoted to the recalculation, appointment, revision of pension payments, as well as the procedure for issuing and receiving pension accruals. These provisions largely relate to the activities of municipal and state bodies that are engaged in customer service.
In addition, these chapters deal withrare cases of recalculation in the event of errors, violations of the law, and negligence by the employee of the pension center. In the fifth chapter, attention is paid to such nuances as the method of delivering a pension, 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 timing of payment,for example, a disability retirement pension is paid from the date of recognition as disabled if he applied to the relevant authorities before 12 months after assigning such status.
