Law on state pension provision in the Russian Federation: 166-FZ

State support system

The public provision system is a general structure, the components of which are represented by the subjects of provision, monetary sources, legal framework, types of provision, as well as bodies and institutions. The activities of the system are aimed at realizing the rights of citizens in the field of social services. provision.

According to the mentioned law, benefits are provided to citizens by the system through direct allocations from the federal budget, as well as through those transfers made by employers in the amount of the single social contribution.

The activities of the state support structure are aimed at enrolling and calculating the basic part of the severance pay, which is paid in accordance with the legal provisions mentioned above.

Article 6

b) federal state professional educational organizations implementing educational programs of secondary vocational education in the fields of defense, production of products for defense orders, internal affairs, activities of the troops of the National Guard of the Russian Federation, security, nuclear energy, transport and communications, high-tech production in specialties, a list of which approved by the Government of the Russian Federation;

8) state accreditation of educational activities of organizations carrying out educational activities and specified in paragraph 7 of this part, as well as foreign educational organizations carrying out educational activities outside the territory of the Russian Federation;

27 Jun 2020 stopurist 307

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The concept of pension and its types

pensioner

In Art. 2 of Law No. 166 of the Russian Federation establishes the concept of state pension provision. A pension is a cash payment that is calculated every month. The right to receive it is determined by the norms of this Law.

Payments are provided to citizens in the following cases:

  1. In order to compensate for the income lost due to termination of service due to old age (or disability).
  2. In order to cover lost earnings for astronauts or long-service flight service employees.
  3. In connection with compensation for damage to health of the military (in case of man-made or radiation disasters).
  4. In cases where the medal “Resident of besieged Leningrad” was awarded.
  5. In cases of citizens becoming disabled or losing a breadwinner in the family.
  6. In order to provide livelihoods for disabled people.

Federal Law 166 on state pension provision in the Russian Federation

Let's consider the main points presented in the law, the procedure for providing pensions, as well as measures that are taken in case of violation of the requirements and norms of the current legislation and Federal Law 166 “On State Pension Provision in the Russian Federation”.

Basic provisions

Clauses of Law No. 166 regulate the calculation and registration of state pensions. Pension benefits are assigned for the following reasons:

Lost wagesDue to retirement from a place of employment and performance of official duties in connection with reaching a certain retirement age
Lost wages for test pilotsCosmonauts who resigned and resigned
Deterioration in healthDuring military service, due to man-made disasters, loss of a breadwinner or acquisition of a disability group, reaching the appropriate retirement age for an old-age pension
Disability due to a number of reasonsThe exception is special self-harm and illegal acts.

The law defines the grounds for the emergence of the right to obtain a state pension for a citizen, and also regulates the procedure for assigning a pension, clearly defines the categories of citizens who have the right to apply for a state pension.

The regulatory act regulates the conditions and requirements for awarding pension payments to different categories of pensioners, the amount of payments, and the procedure for calculating length of service for the entire period of work.

The document also regulates the procedure for recalculation and indexation of pensions, transfer from one type of pension payments to another, various additional payments and allowances.

Here are the key provisions of the law:

Pension payments for categories of pensioners specified in the lawCarried out at the expense of the state budget and subject to detailed regulation by other legislative acts
Changes and adjustments to conditionsRequirements, standards for the provision and payment of pensions under this law are made by making amendments and additions to this document and approving them at the federal level
In some situations, the Russian governmentProvides a procedure for exercising rights not under the state pension calculation program, and also assigns such pensions to certain categories of pensioners
The right to receive state pension paymentsPossessed by citizens of the Russian Federation who meet the conditions of the legislation for retirement, as well as citizens of other states who are permanently residing in the Russian Federation. At the same time, the grounds for calculating pensions for Russian and foreign citizens are similar
Persons who have a legal rightPeople who receive several types of pensions are awarded the pension benefits of their choice. The law also specifies certain categories that have the right to receive several types of pensions and benefits from the state at the same time.

Payment procedure

In accordance with the law, citizens may be assigned the following categories of pensions under the federal pension program:

  • long service payments;
  • provision for reaching retirement age;
  • disability payments;
  • provision due to the loss of the family's sole breadwinner;
  • social pension.

Payment of pensions is made through interbudgetary transfers from the state budget, which are carried out by the Pension Fund of the Russian Federation.

The assignment, recalculation, and payment of pension benefits is carried out by the relevant body at the place of residence of the citizen who submits documents for registration of the pension.

Video: increase and new type of Social Pension

In case of change of residence address, payment and delivery of the pension is made to the pensioner’s new residence address or to the location address on the basis of the pension file and registration documentation issued by the registration institution.

The regulatory act establishes the assignment of a long-service pension upon reaching at least 15 years of work experience in the amount of 45% of the average salary of a person in the process of working.

For each additional year of work experience in the public service over 15 years, the long-service pension increases by 3% of the average monthly salary.

The total amount for length of service and the insurance part of the old-age pension or the total amount for length of service and disability pension is not allowed to exceed 75% of the average monthly salary of a civil servant.

Types of pensions

  1. Labor (also called old age). This benefit is provided to those people who have at least 5 years of work experience. Men after 60 years, and women after 55.
  2. Disability benefits are paid to disabled people of groups 1, 2, 3.
  3. For length of service it is paid to military and civil servants depending on length of service or age.
  4. In the event of a family losing a breadwinner, support is assigned to disabled relatives who were dependent on the deceased. Or those who are busy raising young children and therefore cannot be employed.
  5. Social. This type is awarded to those disabled citizens of the country who do not have the right to another type of severance pay and do not have a means of subsistence.

According to the text of the Federal Law, the following have the right to receive several types of payments:

  1. Participants of the Second World War (labor + disability).
  2. Families of citizens who served in the army and died in service, as well as deceased cosmonauts (for the loss of a breadwinner + any other, according to the law).
  3. Family members of persons who were participants in the liquidation of the Chernobyl Nuclear Power Plant (labor or disability + loss of a breadwinner or social).
  4. Military personnel (for length of service + labor).

What is a social pension and who is entitled to receive it?

This year, this type of payment is assigned to certain pensioners. Those who are not entitled to a standard labor pension are entitled to it. This applies to people who have reached the retirement age prescribed by law (for men - 60 full years, for women the bar is lower - 55 full years), but who have not accumulated 5 years of experience during their life.

The size of these payments is quite modest. This limitation is due to the fact that this category of the population was still capable, but during the life of the citizen did not pay contributions to the Pension Fund. Since these citizens did not replenish the state budget, their rights in this case are limited. However, the state cannot completely leave such segments of the population without support, so it still transfers a certain amount in their favor.

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The influence of length of service on the amount of pension payments

According to the wording of Chapter 4 of Federal Law No. 216 of July 21, 2014, the amount of state support is also affected by length of service, which includes work counted as insurance length. The latter is necessary to receive severance pay.

The amount of security for civil servants based on length of service is calculated from the average monthly earnings for the last full working year after finishing work or upon reaching retirement age, and cannot exceed 2.8 salaries.

Basic provisions of the federal law

Providing monetary allowances to citizens at the expense of the budget of the Russian Federation is provided for by the legislation of the Russian Federation. Main provisions of the law:

  1. In some cases provided for by Federal Law No. 166, pension provision for certain civil categories is carried out in accordance with the approved procedure of the Government of the Russian Federation.
  2. A pension is a payment made every month. Citizens who meet the conditions stipulated by the Federal Law have the right to receive payments.
  3. Financing of cash allowances is carried out from the budget of the Russian Federation.

Persons who have worked in government positions for more than 15 years have the right to receive compensation for their length of service, but only after dismissal on the basis of:

  1. Liquidation of state power organizations and other government agencies. Staff reduction.
  2. Dismissal from public office due to termination of powers.
  3. Reaching a certain age specified in the Federal Law to work in the position held.
  4. Health problems that interfere with the performance of duties.
  5. Dismissal due to reaching retirement age.

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Expert opinion

Kostenko Tamara Pavlovna

Lawyer with 10 years of experience. Author of numerous articles, teacher of Law

Those dismissed from the civil service on the above grounds can count on compensation for their length of service. But only if a position in the civil service is filled for a full 1 year.

During the period of work in the civil service, a pension is not paid, even in the case of more than 15 years of service.

Military personnel and their families may be assigned the following allowance:

  • for work experience;
  • as a result of disability;
  • by loss of a breadwinner.

This is important to know: Letter of request for information: sample 2020

A long-service pension is assigned after reaching 15 years of service and dismissal on the basis of Art. 8 FZ-166 . Monetary allowances for disabled people are provided to military personnel who were injured during their service.

Conscripts (sailors, foremen, soldiers, sergeants) are also entitled to benefits due to disability, but no later than 3 months from the date of dismissal from the military service. Or, if disability occurred later than 3 months due to combat injuries.

If a serviceman dies during service or as a result of an injury after 3 months, then their closest relatives who are disabled are assigned a survivor's allowance. The following are considered disabled:

  1. Minor children, sisters, brothers and grandchildren of the deceased in the absence of able-bodied parents. When studying full-time at a university, the salary is extended up to 23 years.
  2. A close relative of the deceased who cares for the deceased’s sisters, brothers or children under 14 years of age. In this case, the age or working capacity of the relative does not matter.
  3. Parents of military personnel who died during military service or after dismissal due to injury, when they did not reach retirement age.
  4. Grandparents of the deceased in case of under 60 and 55 years of age. Or are disabled people who do not have relatives to support them.

Monetary allowance is assigned only if the citizen applying for receipt was dependent on the deceased.

Participants of the Great Patriotic War have the right to receive a “Pension for participants of the Great Patriotic War” if they are recognized as disabled people of the 3rd, 2nd and 1st degrees, regardless of the reasons. If the applicant for security has become disabled due to illegal actions or on purpose, then a social pension is assigned.

Established payment terms

money

After an application for a pension by a citizen entitled to receive it, it is assigned from the first day of the month in which the application for payment occurred. If a person applies for a recalculation of the amount, then from the first day of the next month.

Payments for state support are established for the following periods:

  1. Long service accrues indefinitely.
  2. For old age (including social age) – indefinitely.
  3. For disability (including social) - for the period of recognition as incompetent.
  4. For the loss of a breadwinner (including social benefits) - for the period for which the breadwinner is declared disabled (possibly indefinitely).
  5. The long-service pension for flight crews and civil servants assigned to the disability insurance is for the period of the latter.

Federal Law No. 166-FZ (as amended

children whose both parents are unknown - children whose state registration of birth was made on the basis of an application submitted by the internal affairs body, the guardianship and trusteeship body or a medical organization, educational organization or social service organization about the birth of a found (abandoned) child or about the birth of a child abandoned by a mother who did not present an identification document in the medical organization in which the birth took place or to which the mother applied after childbirth, as well as found (abandoned) children or children left by a mother who did not present an identification document in the specified medical organizations whose state registration of birth was carried out in accordance with the legislation in force in the territories of the Republic of Crimea and the federal city of Sevastopol up to December 31, 2014 inclusive.

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1.1. If a disabled child who has reached the age of 18 misses the period of re-examination for a good reason, determined by the federal institution of medical and social examination, and the said institution determines disability for the past time, the amount of the social pension assigned to the disabled person since childhood, for the specified time is determined by the established group disability.

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