Is it possible to refuse pension contributions from salary?


One-time payment

The right to receive a lump sum payment is given to those citizens who have suffered an insured event. The following can apply for this money before reaching retirement age:

  1. disabled people of groups 1 – 3;
  2. persons who have lost their breadwinner.

Such people can apply for money after they have been assigned an appropriate pension. Receiving one-time payments is also possible for those who have reached retirement age, but do not have sufficient experience to receive insurance payments and are forced to wait for the assignment of social benefits.

You can also receive a lump sum benefit from the funded part of the pension in the event of the death of the insured person. Only then does it no longer be the person himself who receives the money, but his heirs.

The standard period for assigning lump sum payments is 2 months after the assignment of payments. To register them, you need to contact the Pension Fund or Non-State Pension Fund, depending on where the funded part of the pension is stored.

Registration of refusal of pension contributions

When deciding whether it is possible to refuse your pension transfers, you need to understand that the choice to form a funded pension had to be made before. As confirmation, the citizen sends an application to the Russian Pension Fund according to the established form or to the Non-State Pension Fund.

Insurance premiums are automatically assigned to the following citizens:

  1. Insured persons who were previously clients of NPF Vnesheconombank and entered into agreements on the terms of a 2% rate, which is not valid for the current year;
  2. If the individual has not submitted an application and made a choice.

Regardless of the fund to which the application was submitted, a citizen has the right to formalize a waiver of the funded part of the pension. If you go through this procedure, then the entire volume of deductions will be directed to insurance payments.

At the same time, voluntary refusal of funded formation allows a citizen to continue to replenish his account in a non-state pension fund, for example, by transferring money from maternity capital.

Bodies to appeal

Before deciding to refuse the funded part of a future benefit, you should consider all aspects of the situation. It will not be possible to return to the previous method of provision, since this is not provided for by the legislator. To undergo the procedure, you must visit the Russian Pension Fund and submit an application.

Note: during the subsequent period following the year in which the application was submitted, the person has the right to withdraw the application. This is the only option for returning to the previous formation of savings.

An application for refusal in favor of insurance premiums can be submitted as follows:

  1. By personally visiting the Pension Fund or through a guarantor authorized by a power of attorney. To confirm identity and verify the authenticity of documents, an official of the authority will request a passport;
  2. Russian Post. In this case, the procedure for establishing the citizen’s identity is carried out through a notary’s office. Notary officer in accordance with Art. 185.1 clause 2 of the Civil Code of Russia will carry out the necessary verification. If the future pensioner is abroad, then this procedure can be carried out at the Consulate of the Russian Federation located in the territory of the country of residence;
  3. In electronic format, using a single resource of the State Service. After logging into your “personal account”, you must select the appropriate “Pensions” tab.

Download for viewing and printing:
Article 185.1 of the Civil Code of the Russian Federation “Power of Attorney”

List of conditions

Based on current regulations, a citizen has the right to submit a voluntary refusal of benefits if he belongs to one of the following categories:

  • the insurance part of the benefit has been assigned, and payments are already being made;
  • the security has not yet been assigned, but the acquisition of the right to payments has already occurred.

After the waiver period has expired, the benefit recipient will be accrued and paid savings increased by the flat rate increase factor. The volume depends on several factors:

  • deferment period for payments from the funded portion;
  • type of benefit - insurance, social, etc.;
  • The procedure for retirement is based on length of service, earlier than the established time, due to circumstances.

In addition, the procedure for refusal depends on whether the person applied for an appointment or not. Accordingly, in order to initiate the refusal process, it is necessary to send an application drawn up according to the sample. Forms and templates can be obtained from the Pension Fund. When you contact the authority, you should take your passport with you.

The application should be sent to the Pension Fund of Russia at the registration address of the future pensioner.

The termination of deductions begins on the 1st day of the next month, after filing an application and registering an application with the department. The maximum period for suspension of collateral, in accordance with current regulations, is ten years.

If a person has already received the right to receive benefits, but has not yet applied to the Russian Pension Fund within the prescribed period, then he can automatically use the right to an increased coefficient.

Refuse contributions to the pension fund

  • I hope I want to clarify whether I can refuse contributions to the pension fund.
  • I am not an individual entrepreneur, can I refuse contributions to the Pension Fund?
  • I work in a peasant farm and can I refuse contributions to the pension fund?
    Thank you!

If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel phone If you find it difficult to formulate a question, call a free multi-channel phone, a lawyer will help you 1. My manager is hopeful, I want to clarify whether I can refuse contributions to the pension fund .

1.1. Federal Law No. 400-FZ On Insurance Pensions does not provide you with such an opportunity to refuse.

2. I am not an individual entrepreneur, can I refuse contributions to the Pension Fund?

2.1. Hello, site visitor, in your case, in the Pension Fund of Russia system, the employer is responsible for paying insurance premiums from your salary; in this case, you are the insured person for whom the organization pays contributions in case you reach retirement age (in the Pension Fund) or temporary disability (FSS), so you can't refuse.

3. I work in a peasant farm and can I refuse contributions to the pension fund?

Thank you! 3.1. Just because you work there - of course not. 4. The judge asked to provide certificates of income under fixed-term employment contracts.

These organizations are foreign. Can I refuse to provide data? Thus, no contributions were made to the pension or to any other funds.

4.1. Of course, you don’t have to provide it, but the judge will make a decision based on the evidence provided.

5. Can a working pensioner refuse to make payments to the pension fund? If not, then who will get the contributions of the elderly whose pension is not enough for a human life?

5.1. — Hello, dear site visitor, a pensioner cannot refuse these payments, all questions should be addressed to the Government, not to lawyers. Good luck to you and all the best, with respect, lawyer Ligostaeva A.V. 6. Can a working pensioner refuse to make payments to the pension fund? If not, then who will get the contributions of the elderly whose pension is not enough for a human life?

6.1. It makes sense to go to court with a corresponding claim.

Involve the Pension Fund of Russia and the Commissioner for Human Rights in the proceedings. And also the media. I believe this is a topic for innovations in legislation.

7. I am an entrepreneur and work myself.

I can refuse contributions to the pension fund.

How to do it? 7.1. No, you cannot refuse contributions to the Pension Fund in accordance with the requirements of Federal Law of December 28, 2013 N 400-FZ “On Insurance Pensions”. These are the conditions for operating as an individual entrepreneur.

8. Is it possible now to refuse contributions to the pension fund in order to save for retirement on your own?

8.1. Good afternoon Olga Viktorovna, no, you can’t, these are mandatory payments made by employers for employees, but you can also save for retirement on your own.

9. My name is Olga. Please tell me if I can refuse mandatory transfers to the pension fund. Well, so that my employer doesn’t make contributions there?

And transferred them to the account that I indicate? Thank you. 9.1. Hello Olga. If you receive an official (not “gray”) salary and the employer reports to the Pension Fund properly, you cannot.

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Algorithm and conditions of the procedure

Algorithm and conditions of the procedure
An application for waiver of the funded part of a future benefit in favor of insurance premiums should be submitted with the following content:

  • name of the body - territorial branch of the Russian Pension Fund;
  • full form of the addressee (full name) or the person authorized by the power of attorney;
  • personal information about the insured citizen;
  • Date of preparation;
  • endorsement signature.

on refusal to finance funded pensions

If a future pensioner transfers powers to an authorized person, then in addition to the application and the passport of the insured citizen, a power of attorney, endorsed by a notary office, should be attached. This form must contain a complete list of actions, including the signing of such documents. For this, it is also allowed to use a single portal of State Services or Russian Post.

The refusal of the accumulative share of the benefit is unilateral, and it will be impossible to return to it after 12 months. Therefore, a citizen should weigh the negative and positive aspects of this matter. Full information about the future fate of the pension can be obtained from the Russian Pension Fund branch. If you do not withdraw the application, then all funds will be transferred to the insurance fund, and the burden of payments will fall on the shoulders of the employer.

Along with this, the population of the country has the right to independently enter into an agreement with any non-state pension fund (it is recommended to sign an agreement with organizations listed in the state register). This will allow you to create savings on your own initiative using your own investments.

The amount of contributions, timing of receipt of payment and further disposal of funds are regulated on the basis of the conditions specified in the agreement. Therefore, you should carefully familiarize yourself with the activities of a particular Non-State Pension Fund.

Positive and negative sides

The volume of the future benefit directly depends on the number of individual investment complexes located in a person’s personal account in the Russian Pension Fund. Accordingly, the lower the number of points, the lower the contributions to the pensioner will be. However, it is possible to increase the amount of maintenance by temporarily waiving the benefit, which will allow you to receive a bonus coefficient.

The size of the personal pension coefficient increases if you apply late for old-age payments. Every 12 months of deferment, but not more than ten years, you can increase the amount of insurance premiums by accruing premium points.

Advantages of a complete transfer of payments to the insurance part:

Negative factors for refusing the funded share of old-age benefits:

Having studied all aspects of waiving the funded share of benefits, each citizen will be able to independently decide on the profitability of this venture.

Summary:

Every year the number of people who are dissatisfied with the Russian pension system is growing. Indeed, even many years of conscientious work does not always guarantee decent security in old age. Therefore, more and more citizens are coming to the conclusion that it is better to prepare for the “autumn of life” on their own.

But if a citizen is engaged in official work, the employer makes monthly contributions to the Pension Fund for him. Naturally, he does not take this money out of thin air and not from his own pocket: it is initially included as expenses for the employee. As a result, whether the employee wants it or not, transfers to the Pension Fund are made at his expense every month.

But is it possible to refuse pension benefits and manage the resulting difference yourself? After all, a pension seems to be a citizen’s right. This topic will be discussed in today's publication.

How much of our salary do we pay as pension contributions?

Quite significant, in fact. When we believe that we give only 13% of income taxes to the state, this is a big myth. It’s better to get rid of it as quickly as possible and begin to understand how everything really works.

The fact is that formally only 13 percent tax is actually withheld from our earnings. But a huge amount of social contributions, again formally, falls on the employer.

The company you work for pays contributions for your future pension and social insurance (for example, from these insurance contributions you will be paid sick leave in case of illness or maternity benefits if we are talking about the birth of a child). Also, do not forget about contributions for “free” medicine and other specific fees (such as fees for injuries, if the work involves a risk of injury).

It is clear that the employer does not take money for these contributions out of nowhere. In fact, your organization plans such expenses as the cost of paying you.

That is, you are the one who earns from these contributions and pays for them, although according to the law it is believed that this is not the case. But when we move on to specific amounts, sometimes we really want to give up some of these deductions and ask for this money for ourselves.

So, pension contributions alone account for 22 percent of your earnings. Moreover, the total earnings, and not the one you receive in your hands. This is an even larger percentage of the amount you receive as salary. Take a third of your salary - you can't go wrong.

To refuse pension contributions even for an employee with an average salary (provided that it is “white”) is, for example, to afford to pay an average mortgage with this money.

In total, we give the state almost half of what we earn in the form of various contributions, although we often do not know about it. Formally, the employer does this for us.

So a state that supposedly receives money only from oil sales is also a big myth. The country's budget rests to a large extent on our taxes and other contributions to the treasury from the earnings of any working Russian.

Photo:

Social package provided by the employer

When looking for a job, most job seekers are interested in what benefits the employer is willing to provide to its employees.

Just a few years ago, payment for vacation and sick leave was considered the optimal amount of guaranteed social security. In fact, according to the Labor Code, such payments do not depend on the wishes of the employer, but must be mandatory.

Fortunately, recently some employers have significantly increased the scope of benefits that are guaranteed to employees.

The social package of an employee today includes not only guarantees of comfortable and effective work activity, but also a full-fledged sanatorium-resort vacation.

What may be included in the social package of a modern employer:

  • free medicines in case of registration of sick leave,
  • food and travel around the city at the expense of the employer,
  • payment for places in preschool institutions,
  • taking PC courses at the expense of the employer,
  • payment for mobile communications.

Some managers have gone further and provide benefits not only to their employees, but also to members of their families, for example, they allocate money for trips to a summer camp or sanatorium.

To motivate the effective performance of an employee, company directors also use individual types of benefits, for example, experienced workers are provided with benefits for obtaining a loan, year-end bonuses, etc.

Be sure to read it! Unemployment benefit in 2020: amount and procedure for registration

For people with disabilities and disabilities, a social package can provide regular treatment.

For large enterprises, the presence of non-standard preferential conditions is a symbol of reliability and solidity, as well as an indicator of competent internal policy. According to statistics, just over sixty percent of Russian citizens consider their working conditions to be satisfactory, and the applicant’s priorities are determined by how diverse the social package is when applying for a job.

How much of the pension can be disposed of?

Officially employed citizens receive the right to contributions from the employer to the Pension Fund. The future pension is made up of these amounts. Part of the payments can be used as investments to increase the capital available in the fund.

In general, employers transfer 22% of the required wage fund to the Pension Fund. Moreover, the right to make an independent choice regarding the storage of 16% is available only to citizens born before 1968, and they had to decide to transfer the accumulative 6% to the NPF in advance.

Those born after 1967 had until the end of 2020 to decide where their insurance payments would go. Such citizens could:

  1. choose exclusively insurance payments;
  2. divide payments into insurance and savings parts.

But even if a person refuses a funded pension, he cannot withdraw money until he retires. But insured citizens can choose who to entrust their savings to increase them.

Is it possible to refuse to pay these fees?

Insurance coverage for citizens is a norm enshrined at the legislative level (Chapter 34 of the Tax Code of the Russian Federation and Law No. 125-FZ). The employee does not have the right to refuse them, and such an opportunity is not provided for by law. Socially significant areas are financed from insurance funds: medicine, future pensions, benefits, maternity, and insurance payments.

Please note that insurance premiums are paid by the employer. They are calculated as a percentage of earnings (taxable income), but the contribution itself is paid at the expense of the employer. Insurance coverage is not deducted from the employee's earnings. Consequently, even if the refusal were legalized, the amount of contributions would not increase the employee’s salary, but would only save the employer money.

How much of the pension can citizens control?

For 2020, the tariff for deductions of the mandatory part of pension funds to the Pension Fund of the Russian Federation is 22%. Payments are divided into two parts:

  1. 16% is transferred to the personal account of an individual. These funds are designated as a personal tariff;
  2. 6% is a joint share and is used to pay for various social subsidies.

The pension reform adopted in 2020 opened up the opportunity for working citizens to voluntarily replenish their account balance. For this, the legislator offers two ways:

  • transfer through the employer;
  • on one's own.

The first option stipulates that the pensioner will receive payments depending on the salary before taxation. These contributions are the obligation of the employer and are made at the expense of the employer’s own funds. The second option allows a person to independently regulate the amount of their future pension. That is, how much is transferred to the personal account is what will be received upon retirement.

As a rule, a standard division of payments is applied (16%) - 10% insurance share, 6% cumulative. The citizen independently chooses to have two personal accounts for the formation of benefits or to receive support only from the insurance pension.

It is the funds from the savings fund that a person has the right to manage, that is, to increase the contribution by investing. However, this right is only available to persons born before 1968. Those born later had until 2015 to decide. At that time, citizens had the right:

  • choose only payments to the insurance share;
  • divide the contributions into two parts.

Accordingly, the question of whether it is possible to refuse these pension contributions remains relevant. The legislator has not provided a general procedure for the urgent withdrawal of contributions made to the Pension Fund.

The funded part acts as a payment under the compulsory insurance policy, therefore, its assignment requires the occurrence of an insurance situation, i.e., retirement. Therefore, early withdrawal is not allowed.

Often, withdrawal of pension savings is only available upon reaching a certain age. A person with a disability group who, in fact, retires earlier can count on early receipt.

The second category of the population who have the right to receive contributions ahead of schedule are persons who have reached the age of 55 or 60 years. These are the beneficiaries specified in Federal Law No. 400:

  • teachers;
  • health workers;
  • workers of the Far North;
  • persons employed on railways;
  • test pilots;
  • astronauts;
  • geologists.

These people can receive payments early from the accumulated funded pension. However, these deductions are associated with early retirement due to length of service.

Download for viewing and printing:

Federal Law No. 400-FZ “On Insurance Pensions”

Early receipt

Often citizens, finding themselves in a difficult financial or life situation, wonder whether it is possible to refuse the funded part of their pension and withdraw the money ahead of time. In general, such a possibility is not provided for by law.

The funded part of the pension, which some people want to withdraw early, is a kind of payment under compulsory pension insurance. It is assigned to a person only upon the occurrence of an insured event, that is, after retirement. Therefore, it cannot be removed ahead of schedule.

For the most part, payments become available to Russians after they reach retirement age. The beginning of such income coincides with retirement and receipt of an insurance pension.

People who have become disabled can receive the funded portion ahead of schedule. In fact, they retire earlier than expected. And since the insured event (retirement) occurs, they can receive the money earlier than everyone else.

There is another category of citizens who can receive the funded part of the pension before they turn 55 or 60 years old for women and men, respectively. We are talking about beneficiaries, a full list of which is presented in Federal Law No. 400-FZ. These include:

  • teaching staff;
  • medical workers;
  • persons working in the Far North;
  • railway workers;
  • geologists;
  • pilots.

For them, the opportunity to receive a funded pension early is associated with earlier retirement. We are talking about the so-called superannuation.

Pensioners were asked to give up their pensions

The “Strategy 2020” pension reform group will propose to the Russian government, as an alternative to raising the retirement age, a program to encourage voluntary postponement of pension payments. As part of the program, citizens who have reached the age of 55 (for women) and 60 years (for men) will be offered a choice: either immediately begin receiving a pension, but at basic rates, or defer it for a period of one to five years and then receive it at an increased rate. .

The amount of the pension will depend on how many years citizens defer it. For example, if we take as a basis the average pension of 8.7 thousand rubles per month, then saving for a year can increase it to 10.1 thousand. And for five years - by a record 157%, that is, up to 22.4 thousand. A pensioner will be able to take part in the program, even if he has received his pension for several years, and can also leave the program at any time.

It seems that pensioners themselves are not against this approach. According to the Public Opinion Foundation, which conducted a survey on the topic of temporarily abandoning pensions, today 55% of Russians intend to continue working after retirement, of which 63% would like to keep their current job. According to one of the resuscitators of “Strategy 2020”, head of the laboratory of the Institute. Gaidar Vladimir Nazarov

,
“now these people are doing without a state pension, therefore, if they maintain the same employment, they will be able to do without it in the future
. In addition, according to Mr. Nazarov, 13% of the population may not spend their pension at all, and 15% hope that in old age they will live on income from assets.

So far, the experts’ initiative has aroused interest among 18% of respondents. “I think that when the program starts working, the number of its participants will increase sharply”

“,” Nazarov says optimistically.

Will this measure be able to solve the problem of pensions, Nikolai Petrov, a leading expert at the Carnegie Moscow Center,

.

“SP”: Nikolai Vladimirovich, is the proposed measure a normal way to plug the hole in the Pension Fund?

— There is no real alternative to pension reform. It will have to be done, and soon enough. In the option proposed by the working group, everything depends on the number of people willing to temporarily waive pensions. I suspect there won't be many people willing.

"SP": - Why?

— The problem is systemic. Everything will be decided by how the benefits of citizens who opt out of pensions will actually look like, and how the socio-economic situation in Russia as a whole will develop. If the alternative to giving up pensions is to receive a pension in full, plus wages (if the pensioner works), that’s one thing. If the alternative is a tough choice - retirement or work - that’s different.

"SP": - Are the figures for increasing pensions - up to 116% per year, up to 157% over five years - real?

— I think everything has been calculated here economically. At the same time, they are probably based on the length of the so-called “survival time” (today - 18 years - “SP”), the average life expectancy of Russians.

The problem is different. For a large number of people to want to increase their pension in five years in this way, they need trust in the state. You need to know that it will not deceive you. In addition, you need faith in a stable economic situation, which in five years will not change so much that your increase in pension will be ridiculous.

“SP”: — Is the issue of trust key?

- Yes. And precisely in relation to the measures that the state proposes, confidence is not too great.

“SP”: — That is, the Pension Fund deficit cannot be eliminated in this way?

“I don’t think this kind of sophisticated option can solve the problem.” However, the discussion of this problem itself, and the discussion is not politicized (“we need to raise it!” - “We won’t raise it for anything!”), is an important and useful matter. The very fact that this option is on the table, that it is beginning to be discussed, means a real start to the conversation about pension reform and how to implement it.

Another opinion

Sergei Belanovsky, Research Director of the Center for Strategic Research:

— Our Center for Strategic Research has been actively involved in this topic. The survey in this case was correctly conducted among people of pre-retirement age. I think that for some part of the population, a voluntary temporary renunciation of pensions is an acceptable proposal. After all, this is a voluntary contract: if you want, participate. It is unlikely that this in itself will cause rejection; no one is being forced. It’s another matter if, in a set of measures to solve the problem of the Pension Fund deficit, this moment will be used for some kind of manipulation and deception. Then, of course, people will be very unhappy. But our developments do not provide for such deception...

Vladimir Pribylovsky, president of information and research:

“I think it’s all petty fighting.” The pension waiver scheme will not be in serious demand. If we continue to have an anti-social regime, the problem of the Pension Fund will be solved by coming up with deceptive schemes. And the people are not stupid either - they will work illegally. Which is exactly what he is doing now. All pensioners I know, except those who are bedridden, work - legally or illegally. I think if now they are offered to give up their pension for the sake of work, they will prefer to work illegally.

In my mind, the problem of the Pension Fund should be solved at the expense of rent, at the expense of the same energy resources. In this case, the share of oil and gas income that is transferred to the Pension Fund is determined. This is how it is done, for example, in Norway.

Sergei Obukhov, Secretary of the Central Committee of the Communist Party of the Russian Federation:

— There is no confidence in the government’s pension proposals. The current pension system, which they introduced by twisting their arms and proving that everything was fine, essentially ended in collapse. They are simply afraid to admit it. The Pension Fund deficit is 2 trillion rubles, and we must account for it. Yes, the Minister of Health and Social Development Mikhail Zurabov is no longer there, but the Prime Minister, Mr. Putin, is still there. He should be called to the barrier, since he failed the reform.

And now we are being asked to give up pensions for up to five years. Where are the guarantees that the government will fulfill its obligations? Was it fulfilled for deposits before 1991? Nothing like that, they deceived me. According to the 1998 default, they deceived us. They cheated with the pension reform...

Now they are offering to come for your pension in five years—that’s just one election cycle. But people don't trust the authorities. According to the Levada Center, half of citizens consider the current elections illegitimate. Maybe some of the current retirees will agree to play the pension game. Let them try, of course. But these are promises, like in the film “Shirley-Myrli”: we will find diamonds and live in the Canaries.

Photo: Ramil Gali/Kommersant

The procedure for accumulating pensions

Insurance premiums, the amount of which depends on the amount of wages, are calculated as a percentage of the monthly salary without deducting taxes. The higher the salary, the greater the contributions and, accordingly, the greater the retirement pension.

Additional Information! In accordance with the requirements of the law, the tariff rate for contributions to the Pension Fund of the Russian Federation today is 22%.

Regardless of the direction chosen by the employee, the distribution of withheld funds occurs as follows:

  1. 16% falls on the personal account of the insured person. This is his IT (individual tariff);
  2. the remaining 6% is called the solidarity tariff. These are funds intended to finance social benefits, in particular burial and other fixed payments.

If the employee has chosen only the insurance direction, all 16% will be used to complete the insurance coverage.

If contributions are directed to accumulation, the distribution of funds will be carried out as follows:

  • 10% — insurance premium;
  • 6% - accumulation.

The main sources of filling the storage part include:

  1. 6% of the IT of the insured employee, deposited into the account of the Pension Fund of the Russian Federation by the employer.
  2. Voluntary contributions of individuals made within the framework of the State Co-financing Program.
  3. Maternal capital. Only women can send funds.
  4. Investments.

Advantages and disadvantages of directions

Before making a final decision, it is necessary to become more familiar with the pros and cons of each direction. The table below will help you decide whether you should give up saving your pension or not.

Note! According to Federal Law No. 447, the moratorium on the formation of a funded pension was extended until 2020, that is, all 16% of the insured employee’s IT is directed to the formation of insurance coverage. Download for viewing and printing:

Federal Law No. 447-FZ “On Amendments to Article 33.3 of the Federal Law “On Compulsory Pension Insurance in the Russian Federation”

Receiving money when you retire

When a person retires, he has the right to receive an insurance or social pension due to lack of work experience. Additionally, those who formed a funded pension can request payments from these savings. Moreover, they can be managed not only by the Pension Fund of the Russian Federation, but also by non-state pension funds, if one was chosen by the person independently.

In general, citizens receive lifetime payments from their savings account. They can be requested at the time of applying to the Pension Fund for a pension, then the start of deductions for the insurance and funded parts of the pension will be simultaneous. However, in some cases you can get the money all at once.

To receive regular benefits, several conditions must be met simultaneously:

  1. the occurrence of an insured event (that is, a person retires);
  2. there is money in his individual account to make payments.

Receiving money early without retiring is almost impossible, but how can you give up your pension and withdraw money from the Pension Fund when you reach the required age? It must be clearly understood that in this case we are talking exclusively about the funded part of the pension. Since it is not possible to obtain the insurance part in advance. It is issued monthly in a set amount, depending on length of service and other parameters.

As for the savings part, there are two options for receiving money at once:

  • lump sum payment;
  • urgent payment.

Each of them has its own characteristics and conditions for receipt. In any case, you won’t be able to get them just like that.

Photo 3

How to refuse a social package: procedure

A beneficiary can waive the social package either completely or partially. To do this, you must contact the pension fund department before October 1 of the current year with an application.

When a pension is assigned, the social package is automatically provided in kind, and if the pensioner wishes to receive its cash equivalent next year, the application must be submitted strictly before October 1 of the current year. If a citizen has already submitted a similar application earlier, a repeated application to the Pension Fund will be required only if his decision changes.

For certain categories of citizens of the Russian Federation, various social packages are provided, which include the right to additional monthly financial support. It will be included in the social package for disabled people of the Second World War due to injuries received during hostilities, as well as for minor prisoners of German camps. The right to receive such additional payment is granted regardless of place of residence. The benefit amount is one thousand seventy-five rubles.

Another type of DEMO in the amount of five hundred rubles can be received by categories of citizens who participated in the Second World War and who suffered in concentration camps.

To receive additional benefits, you need to contact the territorial authorities for the payment of pensions.

A citizen can receive benefits only on one basis, which implies the highest amount of payment.

Every citizen of the Russian Federation, even if he is not a pensioner, can receive additional benefits based on his application to the regional Pension Fund. For Russians living abroad, payments are also provided through the Pension Fund of the Russian Federation.

Submit an application to waive the social package

Compensation for medicines to pensioners and other benefits in monetary terms can be provided only upon a written application from the pension recipient. The decision of a pensioner or disabled person to replace in-kind assistance with cash, expressed in the application, will be valid until a new application is submitted to the Pension Fund.

If you are late in submitting your application, that is, you do not apply before October 1, you will only be able to receive monetary compensation after a year. For example, if the application was submitted on October 16, 2020, then the cash equivalent will be paid only from January 1, 2019.

The application must be submitted to the territorial branch of the Pension Fund where the pensioner’s personal file is located. Personal appeal to the Pension Fund or through an authorized representative is allowed. You can submit documents through the MFC or send them by mail. In some regions of the country, you can even submit your application through the State Services portal or in the pensioner’s personal account on the Pension Fund website.

Procedure for refusing NSO

Disabled people themselves, as well as their relatives, are often interested in how to correctly formalize the refusal of medications due to disability, until what month the procedure must be completed. Everything must be done before October 1 of the current year. There is no need to renew anything annually, compensation can be used indefinitely, documentation only needs to be submitted once. A new package of documents will only be required if a person makes his decision and again wants to receive benefits instead of monetary compensation due to changed circumstances.

The right of citizens to choose a direction

In accordance with current legislation, citizens have the right to send funds to finance simultaneously two types of labor software or only to the insurance part. To implement the second option, it is necessary to formalize a waiver of the funded part of the pension.

Today, persons born in 1967 and subsequent years, but no later than December 31, 2020, have the right to choose a direction. According to the law, the obligation to pay insurance premiums falls on the employer.

Note! Citizens born before 1967 also have the right to accumulate funds by making voluntary contributions to the personal account of the NPF (Non-State Pension Fund).

The right to dispose of contribution amounts

Russian citizens do not have the right to refuse insurance coverage, but it is quite possible to manage this money independently. What's the point?

Contributions to the Pension Fund of the Russian Federation generally amount to 22%, of which 16% always goes to the formation of an insurance pension - this is the individual employee tariff. But the remaining 6% forms the funded part of the pension, which the citizen has the right to dispose of at his own discretion.

The possibilities are not endless. Russians have the right to redirect this 6% to a non-state pension fund: then only 16% will be credited to the Pension Fund, and the remaining 6% to any non-state pension fund at the request of the insured person. You can completely abandon funded payments in favor of forming an insurance pension. Then all 22% will form the individual worker’s tariff.

IMPORTANT! The concept of “dispose of” in this case cannot be regarded as the question “can I refuse pension contributions.” This is an incorrect interpretation. The funded part of the pension can be sent to any non-state pension fund. There is no talk of refusal.

How can you refuse pension contributions in favor of a funded pension? To do this, you will need to contact the Pension Fund at the place of registration or the multifunctional center at the place of registration. You must submit the appropriate application, take your passport and SNILS with you. You need to decide in advance what to do with the savings part: either choose a more profitable NPF, or transfer all funds to the insurance part. When transferring a funded pension to a non-state pension fund, it is necessary to submit a corresponding application to the NPF itself.

Voluntary refusal to receive a pension for a certain period allows citizens of the Russian Federation to increase its size in subsequent years. The procedure and conditions for voluntary refusal are enshrined in Federal Law No. 400-FZ “On Insurance Pensions” of December 28, 2013.

Key changes

To begin with, let us note that today the size of the tariff rate required for transfer to the Pension Fund is 22%. These deductions are further divided as follows:

  • 16% is credited to the citizen’s personal account and is considered his personal tariff;
  • 6% is called the solidarity tariff, used to pay for various social benefits.

After the new pension reform came into force, working citizens had the opportunity to fill their pension account in two ways:

  1. Transfer of the insurance portion at the expense of the employer.
  2. Self-payment of the funded part of future pension payments.

In the first case, the size of the transfers will directly depend on the official salary (excluding taxes) that the employee is entitled to. It must be paid by the employer at his own expense. The second part of the payments depends on the citizen’s desire to save up funds for his or her own retirement.

Typically, the division of 16% of contributions to the pension fund between the insurance and savings parts is carried out at the rate of 10% for the insurance part and 6% for the savings part. In this case, the employee has the right to choose whether to have two pension accumulation accounts, or to limit himself exclusively to the insurance part. The formation of the savings part is carried out for the following funds:

  • the remaining 6% of the funds transferred by the employer;
  • personal contributions of a citizen;
  • maternity capital (only women can take advantage of this opportunity);
  • various investments from non-prohibited sources.

It is important to note that if it is decided to transfer only the insurance portion of pepsin payments, all 16% of transfers will be made at the expense of the employer. Other ways to replenish this amount are not provided for by law.

What is an insurance contribution to the Pension Fund of Russia?

Three entities participate in the insurance pension system of the Russian Federation:

  • Pension Fund of the Russian Federation is an insurer.
  • Citizens working for hire or on the basis of contracts are insured persons.
  • The employer (enterprise, organization), regardless of the type of activity and organizational and legal form, is the policyholder.

Funds are needed to pay pensions to persons who have retired. The Pension Fund receives them from employers, who are obliged to transfer part of the wage fund funds as a guarantee of receiving a pension in the future for their employees. Also, these funds accumulated in the Pension Fund are used to pay maintenance to current pensioners.

Is it possible not to pay to the Pension Fund: consequences of non-payment

The monthly payment of an enterprise for its employees is called the insurance contribution to the Pension Fund.

Payment amount

The employer must transfer funds to the pension fund no later than the 15th day of each month. The payment amount is 22 percent of the earnings of each individual person. These funds are further divided into 16% - the insurance pension and 6% - the funded part. The right to form the latter was granted to citizens born before 1966. For those born after this date, all contributions go towards the insurance portion.

Rules for individual entrepreneurs

In connection with the special regime for the activities of private entrepreneurs, the question arises of how an individual entrepreneur can avoid paying into the pension fund. According to the law, individual entrepreneurs are required to transfer all insurance contributions on an equal basis with other employers. It does not matter whether the businessman has employees under his command or not.

The size of the payment depends on the amount of income of the entrepreneur:

  • if such income does not exceed 300 thousand rubles during the year, then the contribution amount will be 29,354 rubles;
  • in case of receiving a profit above the specified amount, the amount of the additional contribution to the Pension Fund will be equal to 1% of the profit exceeding 300 thousand rubles.

Thus, the amount of pension contributions for an individual entrepreneur directly depends on the size of his profit.

Taxes and contributions from salary

Personal income tax is the only type of tax withholding made directly from an employee's wages. But in addition to personal income tax, insurance contributions (for pensions, sick leave, etc.) are also charged on earnings.

Insurance coverage for workers is a legal norm that all Russian employers are required to comply with. If an organization, individual entrepreneur or individual uses the services of hired workers, then it is necessary to insure the workers and pay premiums for them.

The direct responsibilities of the policyholder (employer) are to timely and fully calculate and pay insurance premiums from the wages of employees. Moreover, the type of insurance depends on the nature of the relationship:

Example.

Sashka Bukashka's salary is 30,000 rubles.

Personal income tax 13% = 30,000 × 13% = 3900 rubles.

Salary to be issued (in hand) = 30,000 - 13% (3900) = 26,100 rubles.

Insurance premiums (OPS + compulsory medical insurance + VNIM + NS and PZ) = 30,000 × 38.5% (22% + 5.1% + 2.9% + 8.5%) = 11,550 rubles.

Read more about how much money from your salary goes to the Pension Fund

How to get money back for medicines

Before making a decision to refuse to receive preferential medications, you should carefully weigh the pros and cons. The benefit in kind is subject to restoration only after a year.

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It is important to clarify how to return money for medicines to pensioners. There is also a procedure for obtaining a tax deduction for medical expenses. The concept of medical services includes not only therapeutic measures, but also the purchase of pharmaceutical drugs. The main condition for receiving a deduction is completing a course of treatment.

You can receive a deduction (partial reimbursement of expenses) after the end of the year in which medical services were provided. The maximum amount of expenses for which a refund of 13% of expenses is made is 120,000 rubles per year. Based on the maximum amount, the deduction will be 15,600 rubles.

The procedure for obtaining a deduction for medical services is the same as for refunds on other taxes:

  • an application is submitted to the tax authority;
  • a 3-NDFL declaration is drawn up;
  • Documents confirming treatment costs are attached.

However, tax deductions are only available to those individuals who pay personal income tax. If a pensioner does not work, does not receive dividends, or has no other income that is subject to personal income tax, then he is not entitled to deductions.

What do these directions provide?

Before abandoning the funded part of a pension in Russia , it is advisable to consider the individual advantages and disadvantages of such areas. This will allow you to form a complete picture and make the right decision.

The insurance pension allows you to:

  • formulate your future pension level depending on the size of your existing salary;
  • do not pay your own funds to transfer to the pension fund (here the employer pays for everything);
  • index the amount of insurance contributions annually.

A funded pension allows you to:

  1. after reaching retirement age, receive the entire amount of previously accumulated savings in one payment;
  2. transfer the accumulated pension by inheritance;
  3. independently determine the amount of transfers to the pension fund.

Among the negative aspects of the insurance pension, it is worth highlighting the inability to return any amount of contributions if the death of a citizen occurred before the appointment of pension payments. Regarding the funded pension, it is not indexed by the state, and the increase in the amount depends solely on the employee’s personal transfers.

Features of the procedure for refusing the funded part

It was necessary to make a decision on the formation of savings before 2016. To confirm his choice, the citizen had to submit a corresponding application to the Pension Fund or NPF. There is a certain category of citizens to whom insurance payments are assigned automatically.

These include:

  • insured persons who previously chose to act as a manager with a 2 percent tariff rate that is not currently in effect;
  • citizens who did not submit any applications and did not choose any of the directions.

Note!
Regardless of where the citizen submitted the application, he has the right to issue a waiver of the funded pension at any time. If you refuse to accumulate a pension, all funds from the employee’s IT will be used to finance insurance payments. Refusal to replenish a funded pension using IT does not prevent a citizen from depositing funds into a non-state pension fund account on a voluntary basis, for example, by transferring money from maternity capital.

Do you need expert advice on this issue? Describe your problem and our lawyers will contact you as soon as possible.

Where to contact

Before abandoning the accumulation of a pension, it is necessary to weigh all the pros and cons, since the possibility of returning to this direction is not provided for by law. To implement the plan, you must contact the Pension Fund with a corresponding application.

Important! During the year following the submission of the application, the citizen has the right to change his mind and withdraw his application. In fact, this is the only option for returning to the possibility of forming a funded pension.

How to make an application

The application is drawn up in accordance with the norms and requirements of the law.

If a representative acts on behalf of the insured person, a power of attorney indicating the powers of the authorized representative must be attached to the application. For a power of attorney to have legal force, it must be notarized. You can also use an additional application option via mail.

Dear readers!

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers on our website.

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