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

Each working citizen of the country after reaching a certain age or the established length of service is entitled to a retirement pension. The law regulates the procedure for the establishment and payment of funds of the appropriate category of the population. Let's consider the basic regulatory norms.

Basic Provisions

The Law "On Labor Pensions in the Russian Federation" defines the procedure for calculating and paying out the assigned amounts. Changes in the established norms and rules are carried out exclusively by introducing appropriate additions to the normative act. If the international treaties define conditions different from those of the Law on Labor Pensions, the first ones apply. In cases provided for by regulations, the Government establishes the procedure for exercising the rights of citizens to pay and the features of their accrual to certain categories of persons. Explanations may be issued to ensure the uniform application of the provisions of the Law on Labor Pensions. Relations relating to the provision of cash to individuals from regional and local budgets, as well as enterprise capital, are regulated by regulatory enactments of entities, municipalities and organizations.

Key Concepts of the Law "On Labor Pensions"

They are installed in Art. 2 of the normative act. Normally, the following concepts are defined:

1. Labor pension. It is understood as the amount of money paid to compensate citizens for wages or other income that came before being dismissed from the enterprise in connection with the attainment of a certain age, or if the disabled dependents of the breadwinner lost their death in the event of the death of the latter. The right to a pension is determined by the norms 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 to the FIU were made. The insurance period may include other time intervals established in the legislation. The specified total duration of the periods is taken into account when determining the right to receive compensation payments upon reaching the age specified in the norms.
3. Pension settlement capital. 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. Establishment of a pension. It is an appointment, a recalculation of the amount of payments, as well as a transfer from one category of deductions to another.
5. Individual account. It is a complex of information about insurance contributions and other data received in relation to 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 received insurance premiums, deducted for accumulative financing of pensions, income from investments and payments made from savings.
7. Expected period of issue. This indicator is calculated in accordance with the data of the executive federal body on statistics. It is used to determine the insurance and accumulative elements of a pension.
8. Accumulation. They are a collection of funds reflected in a special section l / s. Accumulations are formed from insurance premiums and income from investing.

Subjects of law

The Federal Law "On Labor Pensions for Old Age" establishes the following categories of subjects:

1. Citizens of the country, insured in the manner prescribed by the regulatory act "On TSO", if the conditions specified in the legal document under consideration are met.
2. Disable relatives of working citizens. These subjects have the right to a labor pension in the presence of the conditions established by Art. 9 of Federal Law No. 173.
3. Foreigners and stateless persons. To obtain the right, they must reside permanently in the territory of Russia. Exceptions may be provided for in other regulatory enactments or international agreements.

Right to choose payment

Federal Law No. 173 "On Labor Pensions" provides for several types of compensation. Citizens who have the right to more than one are assigned any of them to choose from. In cases stipulated by the rules, simultaneous appointment of a payment for state support and a labor pension (part thereof) is allowed. Entities can apply to authorized structures at any (without any time limits) after the appearance of the corresponding right.

Classification of payments

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

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

The first two types of charges can include a cumulative, basic and insurance part. These same elements, except the first, can enter into a labor pension, appointed in connection with the loss of the bread-winner. In the event that the citizen does not have the right to receive these payments, social security is assigned to him. It is established in accordance with the law regulating the state support of the non-working population.

Sources of funds

The rules, according to which the labor pensions are financed, the procedure for recording the receipts for individual l / s is established by the provisions of the Law regulating compulsory pension insurance of citizens. If amendments / additions are made to regulatory enactments related to an increase in the cost of payments, the relevant legal document determines the specific source and conditions for covering additional costs. In addition, federal laws fixing adjustments are mandatory. Formation of the funded part of payments is made with the funds included in the special section of the individual l / s.

Amount of payments

Initially, the 173 Law on Labor Pensions established a basic part equal to 450 rubles per month. Citizens who have reached the age of 80, who are disabled and have a restriction of the ability to professional activity of the third century, were assigned 900 rubles per month. Persons who have disabled dependents, listed in art. 9 (item 3, item 2 in 1, 3, 4 subparagraphs), the following basic parts were established:

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

Citizens who have reached the age of 80 or are disabled persons with a restriction of the ability to work at the 3rd level, who are dependent on the subjects specified in art. 9 of the normative act under consideration, it was appointed:

• 1050 rubles / month;
• 1200 rubles / month;
• 1350 rubles / month. - if there are 1, 2, 3 such relatives, respectively.

Each year, these amounts are indexed. Since 2010, another scheme of payments began to operate. The basic part was included in the insurance. Since 2016 this payment has been renamed. Now it is called a fixed payment to an insurance pension. Its size is 4556 rubles.

Calculation of the insurance part

P. 5 tbsp. 5 of the Law "On Labor Pensions" establishes the following order of calculations. The insurance part is determined by the formula:

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

Nuances

The law "On Labor Pensions in the Russian Federation" establishes that in the event of the appointment of an insurance part upon reaching a person of a later age than specified in clause 1 of Article 7, the expected repayment time is reduced by 1 g. For each year (full) expired from the date His offensive. In this case, the period used to calculate the value of this component can not be less than 168 months. (14 years). In case of re-calculation of the insurance part in accordance with paras. 3 and 4 of the article 17 of the normative act in question, the expected payment time is reduced by 1 g. For each year elapsed from the date of its appointment. This period, subject to the reduction provided for above, can not be less than 14 years.

Accumulation part

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

• LF = PN: T, where
  
  Mon - the amount of accumulation of the insured citizen, recorded in a special section of his l / s on the date with which he was assigned the payment of LF;
  T is the number of months for the anticipated calculation of the old-age pension used in the calculation.

When establishing payments in which the accumulating and / or insurance part is present, the funds that are reflected in the individual l / s and recorded at the appointment are not taken into account in case of recalculation on the grounds established by Art. 17 (clauses 3, 4, 10), as well as when indexing capital, as defined in art. 30 (item 8). To calculate the total amount, the Federal Law "On Labor Pensions in the Russian Federation" No. 173-FZ provides the following formula:

• П = БЧ + НЧ + СЧ.

Additionally

It is worth mentioning one more article, which contains the Law in question, 27. Citizens will learn about labor pensions during the work period. Some categories of persons have the right to early payment. To such subjects the Federal Law "On labor pensions" includes:

1. Men under 50 and women under 45 years old, if they have worked at least 10 and 7 years and 6 months. Accordingly at the enterprises with harmful conditions, in hot shops, under the ground. At the same time, the insurance experience is 20 and 15 years. In the event that the said persons carried out professional activities at the specified enterprises less than the period established above, but have the required length of service, payments to them are appointed with a decrease in the 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 severe conditions for at least 12 years 6 months. And 10 years respectively. At the same time, they must have an insurance record of 25 and 20 years.
3. Women are 50 years old if they have worked as tractor drivers in agricultural and other industries, as well as drivers of construction, loading and unloading and road machinery for at least 15 years. The length of service 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 at enterprises with increased severity and intensity of conditions.
5. Men 55 and women 50 years old if they worked at least 12.5 and 10 years, respectively, the workers of locomotive brigades and other employees directly involved in the organization of transportation and providing security on the metro and railway transport, as well as truck drivers in carrying out operations in sections, On mines, in mines or quarries on export of breeds. At the same time, their insurance experience is equal to 25 and 20 years respectively.
6. Men 55 and women 50 years who worked 12.5 and 10 years in parties, in sectors, in detachments, brigades on topographic and geodetic, prospecting, geological survey, hydrographic, geophysical, forest management works. The insurance experience in this case is not less than 25 and 20 years, respectively.
7. Men 55 and women 50 years old, worked 12.5 and 10 years old masters, including, among others, on timber mining, 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 mechanics of integrated brigades for loading / unloading in ports. Their insurance experience should be at least 25 and 20 years respectively.
9. Men 55 and women 50, who worked 12.5 and 10 years on the floating crew of the vessels of the river, sea, fishing fleet, except for ships that are constantly in the water area of the port, traveling and service-traveling, intercity and suburban communication. The length of service is not less than 25 and 20 years, respectively.
10. Men 55 and women 50 years old, who worked for 20 and 15 years as drivers of trolleybuses, trams, buses of regular passenger routes. The amount of insurance experience in this case is not less than 25 and 20 years, respectively.
11. Persons engaged during a full shift in mining (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 length of service is at least 25 years , And for employees of leading professions - not less than 20 years. The latter include miners of clean slaughtering, machinists of excavating units, sinkers and so on.
12. Men and women who have worked 25 and 20 years on vessels of the fishing-industrial sea fleet, engaged in the extraction and processing of seafood, the acceptance of finished products.
13. Men and women, who for 25 and 20 years, respectively, were in the air force of civil aviation. In case of abandonment of this activity for health reasons - not less than 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.