Pension legislation. The Federal Law "On Labor Pensions in the Russian Federation", No. 173-FZ of December 17, 2001

The pension legislation plays a huge role in the formation and development of the social policy of the state. And one of the basic normative documents is the law regulating the payment of labor pensions.

general characteristics

FZ "On Labor Pensions" includes in its structure only 32 articles, which are combined into 7 chapters. It was adopted in 2001 and was repeatedly subjected to changes. To date, it applies to the calculation of the amount of labor pensions, as well as the methodology for calculating insurance benefits.

Despite the termination of many articles, this law helps not only to prepare for exams on social security, but also to understand the ways of calculating pension payments, relying on the results of fruitful work. The pension legislation in part of the regulation of labor is actually based on this ABA.

About general provisions

The first chapter of 173 FZ 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. In the first article, general provisions that are characteristic of most normative acts are announced. For example, if there is a discrepancy between international norms and current legislation, priority is given first. It also lists the legislative base, which is of subsidiary importance for social policy, in general.

The next article contains a number of concepts that are needed to clarify and interpret the EPA on pension provision. For example, the most commonly used definitions are: labor 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 payments, as well as the types of their pensions:

• By old age;
• On disability;
• In the event of loss of breadwinner.

At the same time, the parts forming the 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" tells about the immediate conditions that must exist at the time of the demand for payment. So, a citizen who wants to receive a labor pension must reach the established age (women - 55 years, men - 60). The labor pension in case of the onset of old age is paid in the presence of a five-year and more seniority.

In addition, depending on the type of pension, there are other conditions for receiving payments. Thus, all the disabled citizens who were dependent on the deceased or the deceased may receive the survivor's benefit. However, such persons can not avail themselves of the right to receive a labor pension in the event of unlawful actions against the breadwinner. For example, if a daughter killed her father to receive payment.

The pension legislation provides a list of persons entitled to receive this type of payment:

1. Children and grandchildren, brothers and sisters of the bread-winner, who have not reached adulthood.
2. One of the relatives, including the spouse, if he is engaged in caring for the child or for the disabled citizen.
3. Grandparents who have reached retirement age.

Dependents in this case are those who were fully provided by the deceased or allocated funds, which are the only source of subsistence for the former. It is important to take into account that the survivor's retirement pension is preserved even at the time of marriage in the future.

About the experience

Chapter 3 of the Federal Law "On Labor Pensions in the Russian Federation" is devoted to work experience. In this section, special attention is paid to periods of work that are officially counted in the length of service. So, an indispensable condition for obtaining a labor pension is the employer's deductions made to the Pension Fund of the Russian Federation. For example, if you worked for 5 years on an entrepreneur who gave a salary "in an envelope," then during this period you will not be able to demand a labor pension, in fact, you do not have the right to it.

In addition, the law in a separate article draws attention to other periods that can be counted by the legislator. This chapter also indicates the procedure for calculating and confirming the length of service.

About the amounts of payments

The pension legislation, reflected in the law in question, fixes the amount of the stipulated payments. Article 14 presents a number of formulas through which each 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:

• The amount of the calculated pension capital;
• A fixed amount of the old-age labor pension;
• The number of months of the expected repayment period, which is 19 years (no matter how sad it may sound, but for each pensioner the state actually defined the life expectancy - 228 months, or 19 years).

At first glance, these indicators seem terribly incomprehensible, but in any bank, tax service or in a single information center, you will be explained in minutes by the calculation algorithm. Among all this chapter is the most extensive, as it contains a huge number of formulas and fixed amounts of payments.

And in the end ...

As for articles 18 to 32 inclusive, they are devoted to recalculation, appointment, revision of pension payments, as well as the procedure for issuing and receiving pension charges. These provisions are more concerned with the activities of municipal and state bodies that deal with customer service.

In addition, in these chapters, rare cases of recalculation are considered in case of errors, violation of legislation, as well as inattention by the employee of the pension center. The fifth chapter draws attention to such nuances as the way of delivery of a pension, who it is paid, whether a citizen has the right to receive it when carrying out work.

In article 19 attention is paid to the terms of payment, for example, a disability pension is paid from the date of recognition by an invalid if it appealed to the relevant authorities before the expiration of 12 months after the assignment of such status.