The changes that were made to the Federal Law of the Russian Federation "On insurance pensions" dated December 28, 2013 No. 400-FZ affect a number of norms of this document.

Attention! Key provisions pension provision in the Russian Federation are the following:

• the retirement age for men is 60 years, and for women - 55 years;
• at least fifteen years of age is required to receive the old-age insurance pension insurance experience;
• At least 30 points are required to receive the Old Age Insurance Pension pension coefficient;
• Citizens who have lost their ability to work and have the first, second or third group of disability have the right to receive a disability insurance pension;
• Disabled persons who are close relatives of the deceased have the right to receive a survivor's insurance pension: children, brothers and sisters, spouse, parents, grandchildren. To receive this type of pension, documentary evidence of the death of the breadwinner is required (this may be a death certificate or a court decision declaring the citizen dead).

Key points

In foreign countries, pensioners travel freely, relax in resorts, without experiencing material difficulties. The pension allows them to adequately spend a well-deserved rest.

In Russia, things are different: citizens who have worked most of their lives experience financial difficulties when they retire, since the size of the pension they receive allows them to satisfy only daily needs.

For this reason, many retirees continue to exercise labor activity and upon reaching retirement age earning additional income. In the Pension Fund of the Russian Federation, there was a shortage of funds, since the amount of deductions was lower than the total amount of funds for the payment of pensions to citizens.

To solve this problem and increase the amount of pensions, the Federal Law “On insurance pensions” dated December 28, 2013 No. 400-FZ was adopted.

According to the provisions of this legal act, the pension began to consist of two parts: insurance and funded. The insurance part of the pension is regulated by the specified Federal Law, and funded part— Federal Law “On funded pension» of December 28, 2013 N 424-FZ.

The insurance part of the pension, in turn, consists of the basic part (fixed payment), which is paid regardless of the availability and length of service, and the insurance part, which requires proof of service and the availability of pension points.

One of the innovations is the right of a pensioner to refuse to apply for a pension in order to increase its size over several years. These innovations contributed to an increase in the size of pensions and the prevention of a shortage of funds in the PFR.

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Definition of concepts

For each person who is a pensioner, in accordance with Federal Law No. 400, a monthly insurance pension is provided. According to Article 3 of this legal act, an insurance pension is material compensation in connection with the loss of ability to work upon reaching retirement age, due to a disability or loss of a breadwinner.

In accordance with Article 6 of the Federal Law No. 400, the following types of pensions exist:

• upon reaching a certain age;
• according to the length of service of persons;
• due to disability;
• on the loss of a breadwinner.

However, a citizen does not automatically receive an insurance pension if there are these grounds. To apply for an insurance pension, the following conditions must be met.

Important! For old age pension:

• at least 15 years of insurance experience;
• reaching retirement age (60 years for men and 55 years for women);
• at least 30 points of the pension coefficient.

For retirement pension:

• reaching the age of 55 for men and 50 for women;
• at least 12.5 years of work experience under harmful working conditions for men and 10 years for women, or 15 years of work experience in the Far North;
• the presence of at least 25 years of total work experience for men and 20 years for women.

For disability pension:

• documentary evidence of disability;
• having experience. At the same time, there is no minimum length of service;

For survivor's pension:

• the presence of disability due to age or health status, reaching retirement age;
• loss due to the death of a citizen of a source of livelihood;
• the breadwinner has insurance experience.

Watch the video. Law No. 400 "On insurance pensions":

The procedure for calculating the insurance period

The main condition for the realization of the right to pension provision is the presence of seniority. The experience must be confirmed with the help of relevant documents.

According to the provisions of articles 11 and 12 of the Federal Law No. 400, in seniority The following periods are counted:

• periods of employment during which contributions to the FIU were deducted;
• the period of caring for a disabled person of the first group or an elderly citizen who has reached the age of 80;
• the period of employment in a foreign state, if an appropriate international agreement has been concluded;
• period of military service;
• the period of parental leave (until he turns 1.5 years old);
• the period during which the citizen received unemployment benefits;
• the period during which the wife of a serviceman lived with him in another locality where she could not find a job (no more than 5 years counts).

The procedure for confirming the length of service and its calculation is carried out in accordance with the provisions of Decree of the Government of the Russian Federation No. 1015. The length of service is confirmed primarily with the help of work book. If this document is missing, or some of the information in it is lost, the length of service can be proved using an employment contract, certificates of accrual wages etc.

In the event of the loss of these documents and the impossibility of restoring them due to natural disasters, it is possible to prove the existence of an insurance period with the help of two witnesses who worked together with a citizen, and a certificate from the local administration about the fact of a natural disaster.

Remember! The length of service is calculated in accordance with the provisions of Government Decree No. 1015: the length of service is calculated in months, while it is assumed that each month is equal to thirty days. Months are summed up and years are counted.

Periods that have documentary evidence are taken into account (from the moment you start working until you are fired or until you apply to the Pension Fund).

Determination of the amount of payments

The insurance pension includes two components: a fixed payment and an insurance part. The minimum amount of a fixed payment is 4805.11 rubles. It is accrued to every pensioner, except for persons who receive a survivor's pension.

An increase in the amount of a fixed payment is permissible if the pensioner has dependents (increases by 30%) or has work experience in the Far North (increases by 50%).

The insurance part of the pension is determined in accordance with the existing insurance experience and the availability of IPC pension points, which are affected by contributions to the Pension Fund transferred during the period of employment.

To receive an insurance pension, a citizen must have at least 30 points. As a rule, points are added to them that were awarded for maternity leave(1.8 for each child). Each point has a certain value, which is determined by law, and is subject to annual indexation.

The timing of the pension

According to Article 22 of the Federal Law No. 400, a pension will be assigned from the moment of registration of the submitted documents. After the employee pension fund accepted them, within ten days the authenticity check is carried out. In the absence of certain documents, the applicant has the right to submit them additionally within the next three months.

In accordance with Part 5 of Article 22 of this regulatory legal act, it is permissible early appointment pensions. This means that the pension will not be assigned from the moment of submission of documents, but earlier if the applicant applied to the Pension Fund within a month after the dismissal upon reaching retirement age or within a year after receiving a certificate of disability.

After providing the necessary documents, the pension will be paid monthly, including for the month in which it was issued.

Attention! According to Article 21 of the Federal Law No. 400, a pensioner has the right to independently choose the method of receiving a pension: by mail, to a bank card, or in person.

Early accrual

All citizens work in various conditions, some of them work in the Far North, some have harmful conditions labor. These categories of employees have the right to retire at the previously established retirement age for all.

Men are entitled to claim a pension at the age of 55, and women at the age of 50.

According to the provisions of articles 30-32 of the Federal Law No. 400, early retirement is established under the following circumstances:

• the presence of harmful experience: for men - at least 12.5 years, and for women - at least 10 years;
• persons permanently residing in the Far North, if they have the following experience: at least 25 years for men and at least 20 years for women, with at least 15 years of experience directly in the Far North;
• women who have given birth and raised 5 or more children, with at least 15 years of experience;
• one of the parents of a disabled child with at least 20 years of experience for men and 15 years for women;
• disabled people with a military injury, with an experience of at least 25 years for men and 20 years for women.

These persons receive a pension, taking into account the increased fixed payment.

Disability Insurance Pension Law

Persons with disabilities of each group have the right to receive a disability pension. When assigning a pension, the causes of disability are not taken into account. The duration of the insurance experience of a citizen is also not taken into account, it can be minimal.

The procedure for obtaining the status of a disabled person is regulated by the provisions of the Federal Law "On the Social Protection of Disabled Persons in the Russian Federation" dated November 24, 1995 No. 181-FZ. A medical and social examination is being carried out.

On the occasion of the loss of a breadwinner

Close relatives of the deceased who are unable to work have the right to receive a survivor's pension.

Article 36 New law About insurance pensions comes into force on January 1, 2015, with the exception of parts 14 and 15 of Article 17, which enter into force on January 1, 2016.

Law 400-FZ "On Insurance Pensions" ("Pension Code") provides for the following types of insurance pensions: old-age insurance pension, disability insurance pension, survivor's insurance pension.

Conditions for the emergence of the right to old age insurance are: reaching the age of 60 years - for men, 55 years - for women; the presence of an insurance period of at least 15 years (the minimum period of payment of insurance premiums); the presence of an individual pension coefficient of at least 30.

Disability Insurance Pension according to the law 400-FZ "On insurance pensions" is assigned to citizens recognized in the prescribed manner as disabled people of groups I, II or III. The disability insurance pension is established regardless of the cause of disability, the length of the insurance period of the insured person, the continuation of labor and (or) other socially useful activities by the disabled person, and also whether the disability occurred during the period of work, before entering work or after the termination of work.

Right to survivor's pension have disabled members of the family of the deceased breadwinner who were dependent on him (with the exception of persons who have committed a criminally punishable act that resulted in the death of the breadwinner and established in court).

A fixed payment is established for the insurance pension, calculated by analogy with the fixed basic size of the insurance part of the labor pension in accordance with the current legislation. Fixed payment to the insurance pension - the provision of persons entitled to the establishment of an insurance pension, established to the insurance pension in a fixed amount.

When establishing a fixed payment to the insurance old-age pension later than the right to the specified pension arises (in case of refusal to receive the assigned insurance old-age pension), the coefficient of increase in the size of the fixed payment is applied.

The amount of the fixed payment to the insurance pension (taking into account the increase in the amount of the fixed payment to the insurance pension) is subject to annual indexation from February 1 to the consumer price growth index for the past year.

According to the law, the amount of the insurance pension depends on: the sum of individual pension coefficients for each year of the insurance period, while the individual pension coefficient for the corresponding year of the insurance period is calculated based on the ratio of the insurance premiums actually accrued for the year for the employee to the insurance pension and their standard amount (the product of the maximum the rate of contributions to the insurance pension and the marginal wage subject to insurance premiums);

parameter (coefficient) of increasing the old-age and survivor's insurance pension if it is appointed later than the established age. The specified parameter (coefficient) is applied:

When assigning an insurance old-age pension later than the emergence of the right to the specified pension, taking into account periods of non-receipt of an insurance old-age pension that took place no earlier than January 1, 2015, or in case of refusal to receive the established insurance old-age pension and its subsequent assignment;

When assigning an insurance pension in the event of the loss of a breadwinner due to the death of a breadwinner who did not apply for an insurance old-age pension after the entitlement to the said pension arose, taking into account periods of non-receipt of an insurance old-age pension that took place no earlier than January 1, 2015, or in case of his refusal to receive the established old-age insurance pension and its subsequent appointment;

The cost of one pension coefficient in the corresponding year, the calculation and amount of which will be included in the documents and materials submitted simultaneously with the draft budget of the Pension Fund of the Russian Federation for the next financial year and for the planning period in accordance with the budget legislation of the Russian Federation, and which annually until April 1 will be established by the Government of the Russian Federation.

The law provides that the size of the labor pension for old age, labor pension for disability, labor pension in case of loss of the breadwinner (excluding the fixed basic size of the insurance part of the labor pension for old age, labor pension for disability and labor pension in case of loss of the breadwinner and the funded part of the labor pension old-age and funded part of the labor disability pension) established before the entry into force of this federal law in accordance with the norms of the Federal Law "On labor pensions in the Russian Federation", are recalculated in accordance with this federal law.

The duration of the insurance period required for the appointment of an old-age insurance pension in 2015 is 6 years.

The duration of the insurance period required for the award of an old-age insurance pension, starting from January 1, 2016, is increased annually by one year. In this case, the required duration of the insurance period is determined on the day from which the right to an old-age insurance pension arises.

From January 1, 2015, the old-age insurance pension is assigned if there is an individual pension coefficient of at least 6.6, followed by an annual increase of 2.4 until it reaches 30. At the same time, the required value of the individual pension coefficient is determined on the day from which the right to receive old-age insurance.

Federal Law 400-FZ "On insurance pensions" comes into force on January 1, 2015. From this date, the federal law "On labor pensions in the Russian Federation" shall cease to be in force, with the exception of the rules governing the calculation of the amount of labor pensions and to be applied in order to determine the amount of insurance pensions in accordance with this federal law to the extent that does not contradict this federal law.

"1. Establish that the citizens of the Russian Federation who held positions in the apparatus of the Executive Committee of the Union of Belarus and Russia and in the Secretariat of the Parliamentary Assembly of the Union of Belarus and Russia (hereinafter referred to as officials), if on the day of dismissal from the apparatus of the Executive Committee of the Union of Belarus and Russia and from the Secretariat of the Parliamentary Assembly of the Union of Belarus and Russia (hereinafter referred to as the apparatus of the bodies of the Union) of the length of civil service not less than that provided for in the Appendix to the Federal Law of December 15, 2001 N 166-FZ "On State Pension Provision in the Russian Federation" are entitled to a monthly supplement to insurance pension for old age (disability) assigned in accordance with the Federal Law of December 28, 2013 N 400-FZ "On insurance pensions", or to a pension ahead of schedule assigned in accordance with the Law of the Russian Federation of April 19, 1991 N 1032 -1 "On employment in the Russian Federation" (hereinafter referred to as the monthly supplement to the pension), upon dismissal from the apparatuses of the bodies of the Union in the event of: ";

1. Persons who have reached the age of 80 or who are group I disabled persons are provided with an increase in the fixed payment to the old-age insurance pension in an amount equal to 100 percent of the amount provided for by Part 1 of Article 16 of this Federal Law.

2. Persons who are invalids of group I are given an increase in the fixed payment to the disability insurance pension in an amount equal to 100 percent of the amount provided for by Part 1 of Article 16 of this Federal Law.

3. For persons who are dependent on disabled family members specified in clauses 1, 3 and 4 of part 2 of Article 10 of this Federal Law, an increase in the fixed payment to the old-age insurance pension and to the disability insurance pension is established in an amount equal to one third of the amount provided for by Part 1 of Article 16 of this Federal Law, for each disabled family member, but not more than three disabled family members.

4. Persons who have worked for at least 15 calendar years in the regions Far North and having an insurance period of at least 25 years for men or at least 20 years for women, an increase in the fixed payment to the old-age insurance pension and to the disability insurance pension is established in an amount equal to 50 percent of the amount of the established fixed payment to the corresponding insurance pension provided for in parts 1 and 2 of Article 16 of this Federal Law. For the indicated persons who have reached the age of 80 or are disabled of group I and (or) who are dependent on disabled family members specified in paragraphs 1, 3 and 4 of part 2 of Article 10 of this Federal Law, an increase in the fixed payment provided for in parts 1 - 3 of this items are additionally increased by an amount equal to 50 percent of the amount of the corresponding increase in the fixed payment.

5. Persons who have worked for at least 20 calendar years in areas equated to the regions of the Far North, and have an insurance record of at least 25 years for men or at least 20 years for women, are set to increase the fixed payment to the old-age insurance pension and to the insurance pension for disability in an amount equal to 30 percent of the amount of the established fixed payment to the corresponding insurance pension provided for by Parts 1 and 2 of Article 16 of this Federal Law. For the indicated persons who have reached the age of 80 or are disabled of group I and (or) who are dependent on disabled family members specified in paragraphs 1, 3 and 4 of part 2 of Article 10 of this Federal Law, an increase in the fixed payment provided for in parts 1 - 3 of this items are additionally increased by an amount equal to 30 percent of the amount of the corresponding increase in the fixed payment.

6. Persons who worked both in the regions of the Far North and in areas equivalent to them, when determining the number of calendar years of work in the regions of the Far North in order to establish an increase in the fixed payment to the old-age insurance pension and to the disability insurance pension each calendar year of work in areas equated to the regions of the Far North, it is considered for nine months of work in the regions of the Far North.

7. When establishing an increase in the fixed payment to the insurance pension, provided for in parts 4 and 5 of this article, the list of regions of the Far North and areas equivalent to them, valid on the date of establishing the corresponding increase in the fixed payment to the insurance pension, is applied.

8. For children specified in Clause 1 of Part 2 of Article 10 of this Federal Law who have lost both parents, or children of a deceased single mother, an increase in the fixed payment to the insurance pension in the event of loss of a breadwinner is established in an amount equal to 100 percent of the amount provided for in Part 2 of Article 16 of this Federal law.

9. For persons residing in the regions of the Far North and areas equivalent to them, the increase in the fixed payment to the insurance pension provided for in parts 1 and 2 of Article 16 of this Federal Law and part 8 of this article is established in an amount equal to the increase in the fixed payment to the insurance pension, increased by the corresponding district coefficient, established by the Government of the Russian Federation depending on the area (locality) of residence, for the entire period of residence of these persons in these regions (locities). For the indicated persons who have reached the age of 80 or are disabled of group I and (or) who are dependent on disabled family members specified in paragraphs 1, 3 and 4 of part 2 of Article 10 of this Federal Law, an increase in the fixed payment provided for in parts 1 - 3 of this Articles are additionally increased by the corresponding regional coefficient established by the Government of the Russian Federation depending on the region (locality) of residence, for the entire period of residence of these persons in these regions (locities).

10. When citizens move to a new place of residence in other regions of the Far North and areas equated to them, in which other regional coefficients are established, an increase in the fixed payment to the insurance pension is established taking into account the size of the regional coefficient for the new place of residence. When citizens leave the regions of the Far North and areas equated to them for a new place of residence, a fixed payment to the insurance pension and an increase in the fixed payment to the insurance pension are established in accordance with Parts 1 and 2 of Article 16 of this Federal Law and Parts 1 - 3, 8 and 14 of this article.

11. The procedure for establishing and paying an increase in the fixed payment to the insurance pension, provided for in parts 9, 10, 14 and 15 of this article, is determined by the Government of the Russian Federation.

12. The increase in the fixed payment to the insurance pension, provided for in parts 4 and 5 of this article, is established regardless of the place of residence of the insured person.

13. Persons entitled to increase the fixed payment to the insurance pension by the appropriate regional coefficient in accordance with paragraph 9 of this article and at the same time to increase the fixed payment to the insurance pension in accordance with paragraph 4 or 5 of this article, one increase in the fixed payment of their choice is established the insured person.

14. Persons who have worked for at least 30 calendar years in agriculture, who do not carry out work and (or) other activities during which they are subject to mandatory pension insurance in accordance with the "On Compulsory Pension Insurance in the Russian Federation", are set to increase the fixed payment to old-age insurance pension and disability insurance pension in the amount of 25 percent of the amount of the established fixed payment to the corresponding insurance pension provided for in Parts 1 and 2 of Article 16 of this Federal Law, for the entire period of their residence in countryside.

15. When the citizens specified in part 14 of this article leave for a new place of residence outside the countryside, the increase in the fixed payment to the old-age insurance pension and to the disability insurance pension, provided for by part 14 of this article, is not established.

16. Lists of relevant jobs, industries, professions, positions, specialties, in accordance with which an increase in the amount of a fixed payment to the old-age insurance pension and disability insurance pension is established in accordance with Part 14 of this Article, the rules for calculating the periods of the relevant work (activity) are approved Government of the Russian Federation.

current

It is important that the amount of insurance pensions for persons who, as of January 1, 2015, were labor pensions, including the share of the insurance part of the labor pension, are specified in the manner prescribed. In Art. 35, the legislator defines a mechanism for the transition from the appointment and payment of labor pensions paid before January 1, 2015 to insurance ones. The individual pension coefficient, into which pension rights formed before the entry into force of the Law is converted, is calculated by dividing the estimated amount of the insurance part of the labor pension by the cost of one conversion pension coefficient as of January 1, 2015.

From January 1, 2015, the "On labor pensions in the Russian Federation" becomes invalid, with the exception of the rules governing the calculation of the amount of labor pensions and to be applied in order to determine the amount of insurance pensions in accordance with the commented in part that does not contradict the commented Law. In other words, certain provisions of the Federal Law "On labor pensions in the Russian Federation" continue to be applied, but as auxiliary for the purposes of calculating the size of pensions.

The law is aimed at protecting the rights of citizens of the Russian Federation to an insurance pension, which is provided on the basis of compulsory pension insurance. Mandatory pension insurance in Russia exists as one of the varieties of compulsory social insurance, along with the system of compulsory medical insurance and social insurance against accidents. The concept of "mandatory pension insurance" is disclosed in the Federal Law "On Compulsory Pension Insurance in the Russian Federation" and implies a system of measures aimed at compensating citizens for earnings (payments, remuneration in favor of the insured person) received by them before the establishment of mandatory insurance coverage. Compulsory pension insurance was originally created to insure working citizens against possible changes in their financial and social status, including due to circumstances beyond their control. It is aimed at protecting the elderly, as well as the disabled, those who have lost their breadwinner, and those in a helpless state.

Compulsory pension insurance lays the foundation for pension provision. Until January 1, 2015, the majority of pensioners in Russia received labor pensions, and in the same way, from the date of entry into force of the commented Law, most pensioners will be established and paid insurance pensions(along with funded pensions, about which see "On funded pensions").

1. The pension system of the Russian Federation consists of state pension provision, compulsory pension insurance, and voluntary (additional) pension provision (insurance). Until January 1, 2014, it also included professional pension insurance, which has ceased to be relevant (for more details, see Government of the Russian Federation of May 20, 1998 N 463, which approved the federal pension reform, which determined the main principles and directions for the development of a new pension model).

The legislation of the Russian Federation on insurance pensions is part of the legislation on pension system(those. pension legislation) and at the same time - part of the legislation on state pension provision.

Guarantees of compulsory pension insurance are, first of all, set forth in the Constitution of the Russian Federation. The norm of the Constitution of the Russian Federation proclaims the Russian Federation welfare state, which provides governmental support family, motherhood, fatherhood and childhood are established state pensions, allowances and other guarantees social protection. The rights of every person, including to compulsory pension insurance, regardless of his age and other qualities inherent in him, are equal.

The commented article names individual federal laws, which form the basis of legislation on insurance pensions. It must be said that the very concept of legislation is voluminous and includes normative acts of different legal force, including by-laws (they will be discussed below).

The subject of regulation "On the fundamentals of compulsory social insurance" are relations in the system of compulsory social insurance, determines the legal status of subjects of compulsory social insurance, the grounds for the emergence and procedure for the exercise of their rights and obligations, the responsibility of subjects of compulsory social insurance, and also establishes the basis for state regulation of compulsory social insurance .

The said law considers compulsory social insurance as part of the state system of social protection of the population, and at the same time - as a system of legal, economic and organizational measures created by the state aimed at compensating or minimizing the consequences of changes in the material and (or) social status of working citizens, and in cases provided for legislation of the Russian Federation, other categories of citizens due to reaching retirement age, disability, loss of a breadwinner and some other events. In the context of this law, payment social pensions is one of the components of a set of measures taken by the state as part of the functioning of the system of compulsory social insurance.

In the Federal Law "On the Fundamentals of Compulsory Social Insurance", old-age pension, disability pension and survivor's pension are called types of insurance coverage for compulsory social insurance.

The law regulates the rights and obligations of insured persons, insurers, policyholders, the management features of the compulsory social insurance system, the fundamentals of the functioning of the financial system of compulsory insurance. Thus, according to the funds of compulsory social insurance, they are accounted for on accounts opened by the territorial bodies of the Federal Treasury in the divisions of the Central Bank of the Russian Federation to record operations with the funds of the budgets of the Pension Fund of the Russian Federation. We add that the funds recorded in the mentioned accounts are directed, among other things, to the payment of insurance pensions.

Compulsory insurance coverage is understood in the law as "the fulfillment by the insurer of its obligations to the insured person upon the occurrence of an insured event by paying an insurance pension", as well as other pensions and payments.

The subjects of compulsory pension insurance are the insurers, the insurer and the insured persons, among the insurance risks and insured events are the achievement of retirement age, the onset of disability, the loss of a breadwinner. The "On Compulsory Pension Insurance in the Russian Federation" regulates certain issues of paying insurance premiums to the Pension Fund of the Russian Federation, registration and deregistration of policyholders in the bodies of the insurer, the rights, obligations and responsibilities of the insurer, policyholders, insured persons.

The commented Law contains a reference to the "On Compulsory Pension Insurance in the Russian Federation" in the part concerning the establishment of the procedure for financial support for the payment of insurance pensions. In this case, one should be guided by the provisions of Chapter IV, devoted to the financial system of compulsory pension insurance, including the formation and spending of the budget of the Pension Fund of the Russian Federation. The Federal Law "On Compulsory Pension Insurance in the Russian Federation" notes that the individual pension coefficient of the insured person, the sum of individual pension coefficients of insured persons and the cost of one pension coefficient are determined in accordance with the commented Law. Thus, both considered laws contain mutual references, which is explained by the fact that the spheres of their regulation are in close contact with each other.