Our family recently received official refugee status. Mom automatically became interested in the question: Are immigrants entitled to a pension in Russia? Can an elderly person with refugee status count on proper rest and a decent pension? We have consulted with a lawyer on this issue and are ready to provide current information.
What does modern legislation say?
A refugee or migrant is a foreign citizen who cannot live in his homeland and is forced to leave for another country. This provision is regulated by Federal Law No. 4530-I.
Among the reasons why a person is forced to leave are:
- The emergence of martial law in the country;
- Discrimination based on personal political or religious views.
A refugee is considered to be that person or group of persons who, due to one of the above, are forced to move to another country for permanent residence for the purpose of self-preservation or to ensure a more comfortable standard of living for themselves and to provide for their relatives.
People who do not know the law believe that a refugee and an emigrant are similar categories of citizens. This is a misconception. An emigrant is a person who, of his own free will, strictly due to personal preferences or due to circumstances, left for permanent residence in another state.
Both migrants and emigrants belong to the category of foreign citizens! They must undergo mandatory migration registration and register with the appropriate official register.
This must be done immediately upon arrival in Russia. The potential migrant is given 90 days to do this. The procedure for becoming officially registered is prescribed in Federal Law No. 115, Article 5.
After this, refugees, upon official application, receive the status of forced migrants. This category of citizens is given the right to obtain citizenship according to a simplified scheme.
IDPs will face a new procedure for providing pensions and social benefits
Let us remind you that bills have been registered in the Verkhovna Rada of Ukraine that propose paying pensions to residents of territories on both sides of the demarcation line in Donbass, and also not linking a person’s registration to payments. A number of deputies, human rights activists and representatives of international organizations support this idea. However, these bills are not put to a vote due to the government's disagreement.
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“The Ministry is developing a new procedure for providing social benefits to internally displaced persons. As soon as possible, we will come up with changes to the legislation and provide them to the public for review and proposals,” said Shambir during a meeting with the deputy representative of UNHCR in Ukraine, Noel Calhoun.
Official regulatory framework
In mid-1992, a formal agreement was drawn up between the CIS states on pension provision for a person in the event of resettlement or migration. Article 6 of this agreement states that when determining the amount of the pension, the following factors are taken into account:
- Experience gained in countries that have signed such an agreement.
- The fact that a person has made the required contributions to the Pension Fund of the state where he worked.
According to the established standards prescribed in Federal Law No. 400, all foreigners who have previously issued an official residence permit have the right to receive pension accruals. In other words, there must be an officially confirmed desire to live in Russia not temporarily, but permanently.
Such a residence permit can be obtained only if the requirements specified in Federal Law No. 115 are met. An application and papers must be submitted to the relevant structures that confirm not only the identity, but also the refugee status.
Types of entitlement pension
Once a person receives the right of residence, he receives certain rights:
- Medical service;
- Free education;
- Establishment and receipt of pension accruals under the conditions prescribed in Federal Law No. 400 and other legal federal acts.
According to Federal Law No. 166, those who have received the status of migrants have the right to receive all possible types of pensions.
This right is granted to migrants on the same basis as to citizens of the Russian Federation by birth. They can receive such types of pension transfers as:
- By length of service;
- For disability;
- Standard old age pension;
- Support from the state for the loss of a breadwinner.
Pensions for residents of Donbass: PFU decided to change the payment mechanism
The draft amendments propose removing from the Cabinet of Ministers resolution the scandalous clause on conducting checks at the place of residence of citizens applying for pensions. Let us remember that this provision was declared illegal by a decision of the Supreme Court.
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As human rights activists note, this draft amendment to Resolution No. 365 repeals only some of the discriminatory provisions of this document, leaving in force some restrictions on the payment of pensions for residents of ORDLO.
Who can receive a pension?
According to the law on providing for migrants, this category of citizens can rightfully count on such accruals as:
- For old age - upon reaching the required retirement age and having at least 15 years of experience. The accumulation of the pension coefficient is important here. It should be equal to 30 points. This indicator depends on the amount of insurance contributions made.
- For disability - after the degree of labor loss has been officially established and a medical examination has been carried out by the MSEC of the Russian Federation.
- For the loss of a breadwinner - upon official confirmation of the death of a family member who was entrusted with the responsibility to support children or the elderly.
- By length of service - the presence of work experience accumulated in hazardous industries. They must be included in a special list approved by law. It is equally important to occupy a position that fully complies with the requirements of the ETKS of the Russian Federation.
Registration of pension benefits in 2020
According to the rules prescribed in Federal Law No. 166, every migrant has the right to proper support from the state in the form of pensions.
This right is granted to migrants on equal terms with Russian citizens. Accordingly, the documents and registration procedure will be approximately the same. There may be isolated exceptions. They relate to the initial registration of official migrant status, as well as confirmation of official permanent registration.
Procedure for applying for a pension
As noted above, in order to obtain the right to maintenance, a migrant is required to apply for the appropriate status and obtain temporary registration.
After this, in a manner regulated by law, this category of citizens submits an application and papers to obtain an official right to reside. If everything is in order with the papers, the person receives permanent registration on the basis of Federal Law No. 115, Article 8.
Having received the required official status, a person can apply for financial support from the Pension Fund. To do this, you need to write a corresponding application and bring it to the organization with temporary or permanent registration.
After reviewing the submitted papers for their reliability, after determining the amount of the salary, deductions begin to be regularly transferred to the citizen. The transfer can be made to a pre-registered bank account or provided by mail.
Documentation
There is a certain list of documents that must be attached to the application. The list depends on what payment the migrant is applying for.
Old age pension
To receive a regular old-age pension, you must attach the following documents to your application:
- Identification;
- Resident card;
- Work book with fixed length of service;
- Certificate from the Pension Fund of the country from which the refugee came. It must confirm that the person is not receiving a pension in his country or that its payment has officially ceased;
- Certificate confirming the address of residence; Document on the amount of insurance transfers.
Disability pension
If an application for financial support due to disability is submitted, in addition to the documents listed above, you must additionally provide:
- Medical papers confirming the disability group.
- A document reflecting the composition of the family. It must indicate the persons in custody.
For the loss of a breadwinner
When applying for a pension of such a plan, the following additional papers must be attached to the documents listed above:
- Official certificate of death of the breadwinner.
- Papers confirming family ties.
- Work record book of the deceased.
- Certificate of the amount of insurance premiums.
- Document on lack of income.
Payment amount
Each category of pension accruals consists of two main elements:
- Fixed payment, which is determined taking into account the standards of Article 16 of Federal Law No. 400;
- The insurance part of the pension, which is calculated according to Article 15 of Federal Law No. 400.
After standard calculations of old-age pension accruals, the amount will be equal to 4558.93 rubles. If we are talking about accruals for disability and loss of a breadwinner, the minimum here is 2,279 rubles. This is 20% of the first amount.
As for the insurance pension, it is calculated based on the following factors:
- IPC is an individual coefficient. It is calculated based on contributions to the Pension Fund.
- SPK – the cost of one point. In 2020 it costs 74.27 rubles.
The pension for a migrant is determined by the formula - the number of points is multiplied by the cost of one point at the moment. The established payment is added to what is received.
When calculating a pension associated with the loss of a breadwinner, the IPC of the deceased is taken as one of the elements. In other words, the pension for each accrual category depends on the transfers made to the Pension Fund.
This is directly related to the length of service worked over the years and the value of the point at the time of calculation. These indicators increase every six months. This needs to be taken into account.
Is a Resettler's Certificate Needed to Receive a Pension in Ukraine?
Therefore, according to her, human rights activists “untied this status” in their bill. “We have provided that a person without obtaining a status can come to the territory of Ukraine, apply to the pension fund, register with the pension fund, open an account for himself and receive his pension here in the controlled territory,” the lawyer detailed.
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A bill has been registered in the Verkhovna Rada that could simplify the system for receiving payments. It is proposed that residents of temporarily uncontrolled territories be paid pensions without issuing a migrant certificate. This was reported by the adviser on issues of internally displaced persons of the Ministry of Social Policy of Ukraine, lawyer Irina Loyuk.
Pension for emigrating Russians
According to the legal norms prescribed in Article 4 of Federal Law No. 400, all Russian citizens without exception have the official right to a pension. It doesn’t matter here whether they live in Russian cities or not. The main requirement is that the state where they moved does not pay them a pension.
Also, according to the law, a citizen of Russia has the right to receive the required maintenance through a representative. He must have a power of attorney, drawn up and certified in accordance with the standards of Article 185 of the Civil Code of the Russian Federation.
The issuance of pension accruals by proxy cannot be issued indefinitely. Every year an emigrant must come to the Russian Federation or contact the consulate at his residence address.
Pension provision for relocation within the country
In Russia, pension support is provided for by modern federal legislation, as well as regional legislation. Accordingly, every pensioner, when moving to another locality, must provide information about leaving the city to the appropriate organization.
The right to receive regional transfers is granted only with permanent registration. In order not to lose such payments, a person is obliged to register with the Pension Fund in the new city. Here you need to submit a package of documents for transferring your pension to your new place of residence.
Migration stamps
Sample of a migrant certificate
In addition, the Ukrainian authorities demanded that internally displaced persons obtain certificates of actual residence from the Housing Office. The deadline assigned for re-registration of the pension turned out to be negligibly short. Pension funds were unable to cope with the huge army of applicants.
Then the certificates from the housing department were cancelled. But instead of them there was a requirement that all displaced persons be registered with the migration service. In other words, the migrant’s certificate must bear a migration stamp. As soon as new legislative initiatives were announced, a new round of excitement began. The Migration Service urgently began to restructure its work; people, fearing the loss of their pensions, rushed to line up. Later, the government canceled the initiative: a migration stamp is not needed to receive a pension.
But already in April 2020, the Ukrainian government reintroduced the rule on checking migrants by the migration service.
Last news
Pension accruals are recorded several times a year. This process is carried out in full accordance with inflation. Despite the regularity, such indexation will not be carried out at the end of the current 2020. The country is experiencing certain economic difficulties.
Despite the lack of indexation, neither citizens of the Russian Federation nor those who have received the status of migrants will suffer material losses. In 2020, each person receiving government support will receive a payment in the amount of 5,000 rubles.
The policy of the Russian Federation in matters relating to migration and the presence of foreigners in Russia is aimed exclusively at improving the living conditions of migrants, their employment and government support.
Thanks to this, not only people with poor living conditions, but those with unique professional skills are coming to the country. They are able to ensure a significant increase in the level of labor and professional resources of the state.
At the same time, the percentage of transferred taxes increases significantly. For this reason, benefits and pension transfers provided to displaced persons will not be cancelled. But they may undergo some changes.
Summing up
- A refugee or migrant is a foreign citizen who cannot live in his homeland and is forced to leave for another country. This provision is regulated by Federal Law No. 4530-I.
- According to Federal Law No. 166, foreigners have the right to receive all possible types of pensions.
- To receive the required pension, you will need to obtain official migrant status and provide the required package of documents.
- The migrant's pension is calculated according to the standard formula - the number of points according to the coefficient is multiplied by the current value of the point and the established fixed payment is added.
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- death of a pensioner and the absence of documents confirming this fact in the Pension Fund branches;
- receiving information from the State Border Service of Ukraine about the absence of a citizen from the territory controlled by Ukraine for a period of more than 60 days.
Time has passed, the displaced people have settled in new places, do not intend to return to their old place of residence, do not consider themselves displaced and refuse the IDP certificate. However, the UPF has no right to accrue and pay pension benefits without this certificate. The internally displaced person must reissue this document to receive pension payments.
