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Supplement to Federal Law No. 4468 1. Law on Pension Provisions for Military Personnel

Oncology

March 28, 2012 Central District Court of Voronezh

composed of:

Presiding Judge Buslaeva *. *. ,

under the secretary Golikova *. *. ,

Having considered in open court a civil case according to the full name. to the Military Commissariat of the Voronezh Region recognizing the right to a pension increase as a veteran of hostilities in accordance with Art. 45 clause "g" of the Law of the Russian Federation of 12.02.1993 No. 4468-1, imposing the obligation to recalculate the pension as a veteran of military operations, collecting legal costs,

Installed:

Vasily Gavrilovich Pankov filed a lawsuit against the Military Commissariat of the Voronezh Region, stating that he was a pensioner of the Ministry of Defense of the Russian Federation. During the passage military service took part in counter-terrorist operations on the territory of the Russian Federation, about which he was issued a certificate "Veteran of military operations".

Believing that on the basis of the Law of the Russian Federation dated February 12, 1993 No. 4468-1 "On retirement benefits persons who have served in the military, service in the internal affairs bodies, the State Fire Service, the bodies for the control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families "Article 45 paragraph" D "he is entitled to an increase in his pension by 32 percent of the estimated amount of the pension specified in part 1 of article 46 of this Law, which fits into article 32, paragraph 1 of the Federal Law "On Veterans", applied to the military commissariat of the Voronezh region to increase the pension.

In his reply, the head of the social security center of the Military Commissariat of the Voronezh Region refused to recalculate the pension.

Considering that this refusal has violated his rights, Pankov *. *. went to court, asks:

At the hearing Pankov *. *. did not appear, the time and place of the hearing was notified, with a statement he asked to consider the case in his absence.

His representative, acting on the basis of the order Zubarev *. *. , supported the claim, asked to satisfy the claim in full.

The representative of the Military Commissariat of the Voronezh Region, acting on the basis of the power of attorney Raevsky *. *. he did not admit the claim, he asked to refuse to satisfy the stated requirements.

After listening to the explanations of the representative of the plaintiff, the representative of the defendant, having studied the materials of the case, the court finds that the statement of claim by Pankov *. *. is subject to satisfaction on the following grounds.

Pension provision for employees of internal affairs bodies is carried out in the manner prescribed by the Law of the Russian Federation of February 12, 1993 No. 4468-1 "On pension provision for persons who have served in the military, service in the internal affairs bodies, the State Fire Service, the bodies for the control of drug trafficking and psychotropic substances, institutions and bodies of the penal system, and their families. "

During the consideration of the case by the court, it was established that Pankov *. *. has been a recipient of a pension of the Ministry of Defense of the Russian Federation since April 6, 2004, which is confirmed by a certificate of the GF series No. 537782 (ld 10).

During his military service, he took part in counter-terrorist operations on the territory of the Russian Federation, about which on December 6, 2005, a certificate of the series BK No. 0171091 was issued as a participant - a veteran of hostilities (case sheet 11).

In accordance with paragraph "g" of Art. 45 of the Law of the Russian Federation of February 12, 1993 N 4468-1 "On the pension provision of persons who underwent military service, service in the internal affairs bodies, the State Fire Service, the bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the systems and their families "(as amended by Federal Law of 03.12.2007 N 319-FZ) pensions for length of service, disability and survivors, assigned in accordance with this Law (including those calculated in the minimum amount), increases to the participants of the Great Patriotic War from among the persons specified in subparagraphs "a" - "g" and "and" of subparagraph 1 of paragraph 1 of Article 2 of the Federal Law "On Veterans", as well as veterans of hostilities from among the persons specified in subparagraphs 1 - 4 of paragraph 1 of Article 3 of the Federal Law “On Veterans” - by 32 percent of the estimated amount of the pension specified in part one of Article 46 of this Law.

In accordance with Part 1 of Art. 46 the minimum amount of pensions, allowances to pensions, increases and increases in pensions provided for by this Law are determined based on the estimated amount of the pension, which is established in the amount of social pension stipulated by subparagraph 1 of paragraph 1 of Article 18 of the Federal Law "On State Pension Provision in the Russian Federation", and are revised simultaneously with the change (indexation) of the size of the said social pension.

In accordance with the Federal Law "On Veterans" dated 12.01.1995. No. 5-FZ to Pankov *. *. a monthly cash payment is paid for the category of Veteran of military operations on the basis of clauses 1-4 clause 1 of Art. 3 Federal Law "On Veterans" dated 12.01.1995. No. 5-FZ in the amount of 1990.38 rubles. from 01.01.2012 for life, which is confirmed by a certificate from the PFRF GU for the Leninsky District of Voronezh (case file 12).

According to Art. 58 of the Law of the Russian Federation "On pensions for persons who served in the military, service in the internal affairs bodies, the State Fire Service, the bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families" No. 4468-1 , the amount of the pension not received by the pensioner in a timely manner through the fault of the body that appoints or pays the pension is paid for the past time without any time limit.

In accordance with Art. 39 of the Constitution of the Russian Federation, state pensions are established by law, and, in accordance with Art. 35 of the Constitution of the Russian Federation, the right to a pension can be limited only by federal law.

In accordance with clause 9 of article 2 of the Federal Law of May 27, 1998 N 76-FZ "On the status of military personnel", military personnel, citizens dismissed from military service, and their family members who have the right to social guarantees and compensation in accordance with this Federal Law, enjoy social guarantees and compensations established for citizens by federal constitutional laws, federal laws and other regulatory legal acts of the Russian Federation.

As indicated in paragraph 5 of Art. 3 of the aforementioned law, no one has the right to restrict military personnel, citizens dismissed from military service, and their family members in the rights and freedoms guaranteed by the Constitution of the Russian Federation and this Federal Law. Officials of state authorities, local self-government bodies and organizations, as well as commanders guilty of failure to fulfill their obligations to exercise the rights of military personnel, citizens dismissed from military service, and their family members, are liable in accordance with federal laws and other regulatory legal acts of the Russian Federation. Federation.

Thus, the claims for the imposition of the obligation to appoint full name pension supplement in accordance with paragraph "g" of Art. 45 and Art. 46 of the Law of the Russian Federation of 12.02.1993 No. 4468-1, recalculate this allowance from the time of issuance of the certificate of a veteran of military operations are subject to satisfaction.

Based on Art. 98 of the Code of Civil Procedure of the Russian Federation to the party in whose favor the decision of the court took place, the court awards the other party to reimburse all legal costs incurred in the case.

The plaintiff filed a claim for the recovery of court costs for the payment of the representative's services, including for the provision of legal advice, preparation of a claim in court, the necessary documents for the claim, protection of interests in court in the amount of 4,000 rubles.

In accordance with Part 1 of Art. 100 of the Code of Civil Procedure of the Russian Federation to the party in whose favor the decision of the court took place, upon its written request, the court awards on the other party the costs of paying for the services of a representative within reasonable limits.

The case materials contain documents confirming the plaintiff's expenses - a receipt for the cash receipt order No. 78 dated 07.02.2012 (ld 5), according to which Pankov *. *. paid to the Voronezh inter-territorial collegium of lawyers, which issued the order, lawyer name and surname. for the preparation of the claim, documents for the claim, protection of interests in the Central District Court of Voronezh Pankov *. *. (ld 6) - 4,000 rubles.

Determining the amount of reasonableness, taking into account the minimum level of payment for the services of a representative - a lawyer of the Voronezh regional collegium of advocates, the court considers it reasonable and fair to collect 4,000 rubles from the defendant in favor of the plaintiff.

Guided by Art. Art. 194, 198 Code of Civil Procedure of the Russian Federation, court

To oblige the Military Commissariat of the Voronezh Region to increase the assigned pension as a veteran of military operations in accordance with Article 45, paragraph "g" of the RF Law of 12.02.1993. No. 4468-1 (as amended by No. 319-FZ dated 03.12.2007) "On the pension provision of persons who served in the military, service in the internal affairs bodies, the state fire service, the bodies for the control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families. "

To oblige the Military Commissariat of the Voronezh Region to recalculate the pension, taking into account the allowance as a veteran of hostilities from January 2006.

To collect from the Military Commissariat of the Voronezh Region the costs of paying for the services of a representative in the amount of 4,000 rubles.

An appeal against the Decision can be filed with the Voronezh Regional Court through the Central District Court of Voronezh within a month from the date of the final court decision.

Referee *.*. Buslaeva

« On pension provision for persons who served in the military, service in the internal affairs bodies, the State Fire Service, the bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families»

(as amended on November 28, December 27, 1995, December 19, 1997, July 21, 1998, June 1, 1999, December 6, 2000, April 17, December 30, 2001, January 10, March 4 , May 29, June 12, 30, July 25, 2002, January 10, June 30, 2003, June 29, August 22, December 29, 2004, February 2, December 21, 30, 2006, 1, 3 December 2007, 13 February, 8 May, 22 July 2008, 28 April, 24 July, 9 November 2009, 21 June, 10 December 2010, 1, 19 July 2011)

Section I. General Provisions

* Article 1. Persons covered by this Law
* Article 2. The assignment of pensions to persons who have served in the military, service in the internal affairs bodies, the State Fire Service, the bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families on the grounds established by the Federal Law "O labor pensions in the Russian Federation "and the Federal Law" On State Pension Provision in the Russian Federation "
* Article 3. Persons with equivalent pension benefits to those who have served in the military as officers or under contract and their families
* Article 4. Pension provision for persons who served in military service, service in internal affairs bodies, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system in other states, and their families
* Article 5. Types of pensions
* Article 6. Exercise of the right to pension benefits
* Article 7. Right to choose a pension
* Article 8. Pension provision for persons who served in the military, service in the internal affairs bodies, the State Fire Service, the bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system that were exposed to radiation, and their families
* Article 9. Payment of benefits
* Article 10. Funds for the payment of pensions
* Article 11. Federal executive bodies providing pensions
* Article 12 Additional social guarantees

* Article 13. Conditions defining the right to a seniority pension
* Article 14. Amount of pension
* Article 15. Minimum amount of seniority pension
* Article 16. Increase in the amount of seniority pension for disabled persons
* Article 17. Pension supplements for seniority
* Article 18. Calculation of length of service for granting a pension

Section III. Disability pension

* Article 19. Conditions governing eligibility for a disability pension
* Article 20. Establishment of disability
* Article 21. Categories of persons with disabilities
* Article 22. Amount of pension
* Article 23. Minimum amounts of disability pension
* Article 24. Supplements to disability pension
* Article 25. Period for which a disability pension is awarded
* Article 26. Change in the amount of pension upon revision of the disability group
* Article 27. Suspension and resumption of the payment of pension if the term for re-examination is missed

Section IV. Survivor's pension

* Article 28. Conditions determining the right to a survivor's pension
* Article 29. Family members eligible for pension
* Article 30. Right to a pension on preferential terms
* Article 31. Family members of the deceased who are considered dependents
* Article 32 (no longer in force)
* Article 33. The right to pension of adoptive parents and adopted children
* Article 34. Right to pension of stepfather and stepmother, stepson and stepdaughter
* Article 35. Retention of pension upon entering into a new marriage
* Article 36. Amount of pension
* Article 37. Minimum amounts of survivor's pension
* Article 38. Pension supplements in case of loss of breadwinner
* Article 39. Period for which the pension is assigned
* Article 40. Allocation of a share of a pension
* Article 41. Termination of payment of pension upon loss of the right to it
* Article 42. The procedure and terms for establishing disability to family members of the deceased

Section V. Calculation of Pensions

* Article 43. Monetary allowance for calculating pensions
* Article 44. Calculation of pensions for families of pensioners
* Article 45. Increase of pensions for certain categories of pensioners
* Article 46. Estimated amount of pension and rules for calculating allowances to pensions, establishing increases and increases in pensions
* Article 47 (no longer in force)
* Article 48. Application district coefficients to the amount of pensions
* Article 49. Revision of pensions, allowances to pensions, increases and increases in pensions with an increase in the cost of living and wages

Section VI. Assignment and payment of pensions

* Article 50. Organization of work on pension provision
* Article 51. Applying for the appointment of pensions
* Article 52. Consideration of applications for the appointment of pensions
* Article 53. Terms of assignment of pensions
* Article 54. Day of application for the appointment of a pension
* Article 55. Term for recalculation of the amounts of assigned pensions
* Article 56. General procedure for the payment of pensions and bodies that pay them
* Article 57. Payment of pensions to pensioners in the presence of earnings or other income
* Article 58. Payment of a pension not received on time by a pensioner
* Article 59 (deleted)
* Article 60 (deleted)
* Article 61 (no longer in force)
* Article 62. Deductions from pension
* Article 63. Payment of pension in case of death of a pensioner
* Article 64. Pension benefits when traveling abroad
* Article 65. Disputes on pension issues
____________________________________________________

Section I. General Provisions

Article 1. Persons to whom this Law applies

The conditions, norms and procedure for pension provision provided for by this Law shall apply to:

persons who served in the military as officers, warrant officers and warrant officers or military service under contract as soldiers, sailors, sergeants and petty officers in the Armed Forces of the Russian Federation and the United Armed Forces of the Commonwealth of Independent States, the Federal Border Service and the bodies of the border service of the Russian Federation, internal and railway troops ah, federal bodies of government communications and information, civil defense forces, bodies of the federal security service (counterintelligence) and border troops, foreign intelligence bodies, other military formations of the Russian Federation, created in accordance with the legislation of the Russian Federation, and the families of these persons (with the exception of persons specified in paragraph "b" of this article, and their families);

persons of the officer corps, warrant officers and warrant officers who served in the Armed Forces, troops and bodies of the State Security Committee, internal and railway troops, other military formations of the former USSR, and the families of these persons (with the exception of the persons specified in paragraph "b" of this articles, and their families);

privates and commanding officers who served in the internal affairs bodies of the Russian Federation, the former USSR, in the State Fire Service, in the bodies for controlling the circulation of narcotic drugs and psychotropic substances and in institutions and bodies of the penal system, and the families of these persons ( except for the persons specified in paragraph "b" of this article, and their families);

persons specified in Article 4 of this Law who have completed military service, service in internal affairs bodies, bodies for control over the circulation of narcotic drugs and psychotropic substances and institutions and bodies of the penal system in other states, and the families of these persons - provided that treaties (agreements) on social security concluded by the Russian Federation or the former Soviet Union with these states provide for the implementation of their pension provision under the legislation of the state in whose territory they live;

b) on persons who have served as officers, warrant officers and warrant officers or contract military service as soldiers, sailors, sergeants and foremen in the Armed Forces, the Federal Border Service and the border service of the Russian Federation, internal and railway troops, federal bodies government communications and information, civil defense troops, federal security services (counterintelligence) and border troops, foreign intelligence agencies, other military formations of the Russian Federation and the former USSR, and in institutions and bodies of the penal system created in accordance with the law, in the United Armed Forces of the Commonwealth of Independent States on persons of the rank and file and command personnel who served in the internal affairs bodies of the Russian Federation and the former USSR, in the bodies for control over the circulation of narcotic drugs and psychotropic substances, in the State Fire Service, and in institutions penitentiary institutions and the families of these persons who live in the states - former republics of the USSR, which are not members of the Commonwealth of Independent States, if the legislation of these states does not provide for the implementation of their pension provision on the grounds established for persons who served in the military, service in the internal affairs bodies and their families.

Article 2. The assignment of pensions to persons who have served in the military, service in the internal affairs bodies, the State Fire Service, the bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families on the grounds established by the Federal Law " On labor pensions in the Russian Federation "and the Federal Law" On state pensions in the Russian Federation "

Pension provision for persons who have served on conscription as soldiers, sailors, sergeants and foremen (formerly active military service) in the armed forces and military formations specified in paragraph "a" of Article 1 of this Law, and the families of these persons is carried out in in accordance with Federal Law of December 15, 2001 N 166-FZ "On State Pension Provision in the Russian Federation" (hereinafter - the federal law"On state pension provision in the Russian Federation").

On the conditions and according to the norms established by the Federal Law of December 17, 2001 N 173-ФЗ "On labor pensions in the Russian Federation" (hereinafter - the Federal Law "On labor pensions in the Russian Federation") and the Federal Law "On state pensions in the Russian Federation Federation, pensions may be assigned to persons living in the Russian Federation specified in Article 1 of this Law, and to the families of these persons at their request.

On the grounds established by the Federal Law "On Labor Pensions in the Russian Federation", pensions are also assigned to former military personnel and officials of the commanding staff of internal affairs bodies, the State Fire Service, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system deprived of military or special ranks in accordance with the procedure established by law, and their families if they have the right to pension benefits in accordance with the specified Federal Law.

Article 3. Persons with equivalent pension benefits to those who have served in the military as officers or under contract and their families

Persons who during the Great Patriotic War held command positions in Soviet partisan detachments and formations, corresponding to the positions replaced by officers, and their families are assigned pensions on the grounds provided for by this Law for persons who served in military service as officers and their families. On the same basis, pensions are assigned to former conscripts who, during the Great Patriotic War, held positions in military units, headquarters and institutions of the active army, corresponding to the positions replaced by officers and their families.

Persons who were in extra-urgent military service (former military personnel of long-term service), women who voluntarily performed active military service in the positions of soldiers, sailors, sergeants and foremen (former female military personnel), and their families, are assigned pensions on the grounds provided for by this Law for persons who underwent military service under contract as soldiers, sailors, sergeants and foremen, and their families.

Article 4. Pension provision for persons who have completed military service, service in internal affairs bodies, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system in other states, and their families

Pension provision for persons living in the territory of the Russian Federation who served in the military as officers, warrant officers, warrant officers and servicemen of the long-term service or military service under contract as soldiers, sailors, sergeants and foremen in the armed forces (armies, troops), security agencies and others military formations created in accordance with the legislation or service in the internal affairs bodies, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system of other states - participants of the Commonwealth of Independent States and states that are not members of the Commonwealth of Independent States, with by which the Russian Federation or the former Soviet Union concluded treaties (agreements) on social security, as well as the families of these persons is carried out in the manner prescribed by these treaties (agreements).

Article 5. Types of pensions

The persons specified in Article 1 of this Law acquire the right to a pension:

a) for the length of service, if they have the length of service provided for by this Law in military service and (or) in the service in the internal affairs bodies, and (or) in the service in the State Fire Service, and (or) in the service in the bodies for control over the turnover narcotic drugs and psychotropic substances, and (or) in service in institutions and bodies of the penal system;

b) for disability, if they became disabled under the conditions provided for by this Law.

In the event of the death or death of the persons specified in Article 1 of this Law, their families, subject to the conditions provided for by this Law, acquire the right to a survivor's pension.
Families of deceased pensioners from among the persons specified in Article 1 of this Law are entitled to a survivor's pension on a common basis with the families of persons who died during the period of service.

Article 6. Exercise of the right to pension benefits

Persons referred to in Article 1 of this Law who have the right to pension provision are assigned and paid pensions after their dismissal from service. Disability pensions for these persons and survivors' pensions are assigned to their families regardless of the length of service.

Article 7. Right to choose a pension

Persons specified in Article 1 of this Law, and their families, who are simultaneously entitled to various pensions in accordance with the legislation of the Russian Federation ").

The spouses of the persons specified in Article 1 of this Law who died due to the reasons listed in paragraph "a" of Article 21 of this Law (except for cases when the death of these persons occurred as a result of their unlawful actions), who did not remarry, have the right to simultaneous receipt of two pensions. They may be entitled to a survivor's pension provided for in Article 30 of this Law, and any other pension established in accordance with the legislation of the Russian Federation (with the exception of a survivor's pension or social pension due to the loss of a breadwinner).

Parents of persons specified in Article 1 of this Law who died (perished) due to the reasons listed in paragraph "a" of Article 21 of this Law (except for cases when the death of these persons occurred as a result of their unlawful actions) have the right to simultaneously receive two pensions. They may be entitled to a survivor's pension provided for in Article 30 of this Law, and any other pension established in accordance with the legislation of the Russian Federation (with the exception of a survivor's pension or social pension due to the loss of a breadwinner).

The persons referred to in Article 1 of this Law, subject to the availability of conditions for the appointment of an old-age labor pension, have the right to simultaneously receive a seniority pension or a disability pension provided for by this Law, and an old-age labor pension (with the exception of a fixed base amount of the insurance part retirement pension), established in accordance with the Federal Law "On Labor Pensions in the Russian Federation."

Article 8. Pension provision for persons who have served in the military, service in the internal affairs bodies, the State Fire Service, the bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system that have been exposed to radiation, and their families

Persons referred to in Article 1 of this Law who have been exposed to radiation during explosions and tests of nuclear weapons or as a result of emergencies at nuclear facilities for civilian and military purposes, as well as during the elimination of the consequences of these accidents, and the families of these persons are provided with additional preferential conditions for the assignment of pensions , allowances are paid to pensions, benefits and compensations in accordance with the legislation of the Russian Federation on social protection of citizens exposed to radiation.

Article 9. Payment of benefits

Persons referred to in Article 1 of this Law, dismissed from service, disabled pensioners from among these persons and family members of deceased pensioners are paid benefits in the manner and amounts determined by the legislation of the Russian Federation and regulatory acts of the Government of the Russian Federation.

Article 10. Funds for the payment of pensions

The payment of pensions to the persons specified in Article 1 of this Law and their families shall be provided at the expense of the federal budget. At the same time, financing of the costs of paying pensions is carried out in a centralized manner.

The payment of pensions provided for by the Federal Law “On Labor Pensions in the Russian Federation” and the Federal Law “On State Pension Provision in the Russian Federation” for military personnel, persons equated in pension provision with military personnel, and their families, is carried out in accordance with the indicated federal laws.

Article 11. Federal executive bodies providing pensions

Pension provision of persons specified in Article 1 of this Law and their families, depending on the last place of service of these persons, is carried out:

a) by the Ministry of Defense of the Russian Federation - in relation to servicemen dismissed from the Joint Armed Forces of the Commonwealth of Independent States, the Armed Forces of the Russian Federation, railway troops and other military formations of the Russian Federation created in accordance with the legislation of the Russian Federation (except for the formations listed in paragraphs "b "And" c "of this article), persons specified in part one of Article 3 of this Law, as well as their families;

b) by the Ministry of Internal Affairs of the Russian Federation - in relation to military personnel dismissed from the internal troops and the paramilitary fire brigade, privates and commanding officers dismissed from the internal affairs bodies of the Russian Federation, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, emergencies and disaster relief, federal tax police and their families;

c) by the Federal Security Service of the Russian Federation - in relation to servicemen dismissed from the federal security service (counterintelligence) and border troops, foreign intelligence agencies, the Federal Border Service and the border service of the Russian Federation, federal government communications and information bodies, the federal special communications body and information from the Main Directorate of Security of the Russian Federation, the Security Service of the President of the Russian Federation, the Federal Security Service of the Russian Federation and the Service of Special Objects under the President of the Russian Federation, as well as their families;

d) Federal Service for the Execution of Punishments - in relation to employees dismissed from institutions and bodies of the penal system, as well as members of their families;

e) The Federal Service of the Russian Federation for the Control over the Traffic of Narcotic Drugs and Psychotropic Substances - in relation to employees dismissed from the agencies for control over the traffic of narcotic drugs and psychotropic substances, as well as their families.

Pension provision for the relevant categories of military personnel dismissed from service, privates and commanding officers of internal affairs bodies, bodies for controlling the circulation of narcotic drugs and psychotropic substances and institutions and bodies of the penitentiary system of the former USSR, other states and their families specified in paragraphs three and the fifth paragraph "a" and paragraph "b" of Article 1 of this Law, is carried out in accordance with the departmental affiliation provided for by this article.

Article 12. Additional social guarantees

The state authorities of the constituent entities of the Russian Federation, within the limits of their powers, may establish, at the expense of their own budgets, additional social guarantees for pensioners from among the persons specified in paragraph "a" of Article 1 of this Law and members of their families residing in the territory of the Russian Federation.

Section II. Seniority pension

Article 13. Conditions determining the right to a seniority pension

The following persons have the right to a seniority pension:

a) the persons specified in Article 1 of this Law who, on the day of dismissal from service, have a long service in military service and (or) in service in the internal affairs bodies, and (or) in service in the State Fire Service, and (or) in service in bodies for control over the circulation of narcotic drugs and psychotropic substances, and (or) in service in institutions and bodies of the penal system for 20 years or more;

b) persons referred to in Article 1 of this Law, dismissed from service upon reaching the age limit for service, health reasons or in connection with organizational and staff activities and who have reached 45 years of age on the day of dismissal, having a total work experience of 25 calendar years and more, of which at least 12 years six months are military service and (or) service in the internal affairs bodies, and (or) service in the State Fire Service, and (or) service in the bodies for control over the circulation of narcotic drugs and psychotropic substances, and (or) service in institutions and bodies of the penal system.

When determining the right to a seniority pension in accordance with paragraph "b" of part one of this article, the total length of service includes:

a) seniority, calculated and confirmed in the manner that was established for the appointment and recalculation state pensions until the date of entry into force of the Federal Law "On Labor Pensions in the Russian Federation";

b) length of insurance, calculated and confirmed in the manner established for the appointment and recalculation of labor pensions by the Federal Law “On Labor Pensions in the Russian Federation”.

Article 14. Amount of pension

The seniority pension is established in the following amounts:

a) to persons specified in Article 1 of this Law who have 20 years of service or more: for 20 years of service - 50 percent of the corresponding amounts of monetary allowance provided for in Article 43 of this Law; for each year of service over 20 years - 3 percent of the indicated amounts of monetary allowance, but in total no more than 85 percent of these amounts;

b) persons specified in Article 1 of this Law who have a total work experience of 25 calendar years or more, of which at least 12 years six months are military service and (or) service in the internal affairs bodies, and (or) service in the State Fire Fighting service, and (or) service in the bodies for control over the circulation of narcotic drugs and psychotropic substances, and (or) service in institutions and bodies of the penal system: for a total length of service of 25 years - 50 percent of the corresponding amounts of monetary allowance provided for in Article 43 of this Law; for each year of work experience over 25 years - 1 percent of the indicated monetary allowances.

In case of repeated assignment to military service or to service in the internal affairs bodies, or the State Fire Service, or to serve in the bodies for control over the circulation of narcotic drugs and psychotropic substances, or to serve in the institutions and bodies of the penal system specified in this article of persons who received a pension, upon their subsequent dismissal from service, the payment of a pension to them is renewed based on the length of service and the general work experience on the day of the last dismissal.

Article 15. Minimum amount of seniority pension

The length of service pension assigned in accordance with this Law may not be less than 100 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law.

Article 16. Increase in the amount of seniority pension for disabled persons

Seniority pensions assigned to persons specified in Article 1 of this Law shall be increased:

a) to persons who have become disabled as a result of a military injury:
disabled people of group I - by 300 percent of the estimated amount of the pension specified in part one of Article 46 of this Law;
disabled persons of group II - by 250 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law;
disabled persons of group III - by 175 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law;

b) persons who have become disabled as a result of a general illness, work injury and other reasons (except for persons whose disability occurred as a result of their illegal actions) and who are participants in the Great Patriotic War from among the persons specified in subparagraphs "a" - "g" and " and "subparagraph 1 of paragraph 1 of Article 2 of the Federal Law of January 12, 1995 N 5-ФЗ" On Veterans "(hereinafter - the Federal Law" On Veterans "):

disabled persons of group I - by 250 percent of the estimated amount of the pension specified in part one of Article 46 of this Law;
disabled persons of group II - by 200 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law;
disabled persons of group III - by 150 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law;

c) persons awarded the badge "Inhabitant of the besieged Leningrad" who became disabled due to a general illness, work injury and other reasons (with the exception of persons whose disability occurred as a result of their illegal actions):

disabled people of group I - by 200 percent of the estimated amount of the pension specified in part one of Article 46 of this Law;
disabled persons of group II - by 150 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law;
disabled persons of the III group - by 100 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law.

Article 17. Pension supplements for seniority

The following allowances are added to the seniority pension assigned to persons specified in Article 1 of this Law (including calculated in the minimum amount):

a) pensioners who are disabled of the I group, or who have reached the age of 80 - for caring for them in the amount of 100 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law;

b) non-working pensioners who are dependent on the disabled family members specified in paragraphs "a", "b" and "d" of the third part of Article 29, Articles 31, 33 and 34 of this Law:

if there is one such family member, - in the amount of 32 percent of the estimated amount of the pension specified in part one of Article 46 of this Law;

in the presence of two such family members - in the amount of 64 percent of the estimated amount of the pension specified in part one of Article 46 of this Law;

in the presence of three or more such family members - in the amount of 100 percent of the estimated amount of the pension specified in part one of Article 46 of this Law.

The specified allowance is calculated only for those family members who do not receive a labor or social pension;

c) pensioners - participants of the Great Patriotic War from among the persons specified in subparagraphs "a" - "g" and "i" of subparagraph 1 of paragraph 1 of Article 2 of the Federal Law "On Veterans" who are not disabled - in the amount of 32 percent, and to persons from among them who have reached the age of 80 - in the amount of 64 percent of the estimated amount of the pension specified in part one of Article 46 of this Law.

The allowance provided for by paragraph "c" of the first part of this article is not charged to the pension calculated with the increase provided for in article 16 of this Law.

Article 18. Calculation of length of service for granting a pension

The length of service for the appointment of a pension in accordance with paragraph "a" of Article 13 of this Law includes: military service; service in the positions of privates and commanding personnel in the internal affairs bodies, the State Fire Service; in the bodies for control over the circulation of narcotic drugs and psychotropic substances; service in institutions and bodies of the penal system; service in Soviet partisan detachments and formations; the time of work in government and administrative bodies, civilian ministries, departments and organizations with the retirement in military service or in the personnel of the Ministry of Internal Affairs of the Russian Federation, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system; time of work in the system of the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Elimination of the Consequences of Natural Disasters (fire protection of the Ministry of Internal Affairs, fire and rescue services of the Ministry of Internal Affairs, State Fire Service of the Ministry of Internal Affairs of the Russian Federation), directly preceding their appointment to positions replaced by privates and commanding officers and military personnel of the State Fire Service; the time spent in captivity, if captivity was not voluntary and the soldier, being in captivity, did not commit a crime against the Motherland; the time of serving the sentence and detention of servicemen, privates and commanding officers who were unreasonably prosecuted or repressed and subsequently rehabilitated.

The length of service for the appointment of a pension to officers dismissed from service and persons in command of the internal affairs bodies, the State Fire Service, the bodies for control over the circulation of narcotic drugs and psychotropic substances may also include the time of their study before being assigned to the service (but not more than five years) from calculating one year of study for six months of service.

The time spent on service under special conditions shall be credited to the length of service for the appointment of a pension to persons specified in Article 1 of this Law, at a preferential rate.

The procedure for calculating the length of service for the appointment of a pension to persons specified in Article 1 of this Law is determined by the Government of the Russian Federation.

Continuation of the Law of the Russian Federation No. 4468-I (part 2) .

/A source - base.garant.ru /

The work activity of military personnel is associated with a high risk of danger to health and life. In order to compensate for hard work, the legislation of the Russian Federation was adopted, which was approved by the Federation Council on February 12, 1993.

The relevance of pension insurance is determined by the need to provide appropriate financial guarantees that will compensate for the additional burdens associated with the peculiarities of the performance of military duties. According to the law, the state provides social protection citizens and their families doing military service.

Description ФЗ 4468-1

Military service is one of the most risky, specific jobs that requires responsibility. In addition, security officers are regularly exposed to danger and stress, resulting in deteriorating physical health. For these and other reasons, the working age of military personnel has been reduced to 45 - 55 years, in accordance with the Constitution of the Russian Federation. Upon reaching retirement years, according to the law, military personnel are entitled to payments, benefits and compensation from the state. These provisions are governed by Federal Law No. 4468-1.

The draft law "On Pension Provisions for Persons Doing Military Service" was published by the State Duma of the Russian Federation and approved by the Federation Council in 1993. The last changes were made on December 20, 2017. Also in 2017, amendments were made to individual chapters of Federal Law 324. More about this

Federal Law on military personnel in latest edition

According to the Federal Law, in the Russian Federation pension accruals Rely on citizens serving in the Ministry of Defense of the Russian Federation, the Ministry of Internal Affairs, the FSB (the law on the FSB), the Ministry of Emergency Situations and other executive bodies where military affairs are envisaged. The law states: the size of the pension for military personnel and their families is calculated based on the average salary, position and military rank, the percentage rate for length of service, as well as payments related to the indexation of cash benefits. Disabled people who are injured in the performance of military service are entitled to additional monetary compensation.

Also read about Federal Law No. 69 in more detail

Summary of Federal Law No. 4468-1:

  • ch. No. 1 - describes the types of pension insurance and the procedure for assigning payments;
  • ch. No. 2 - the size of a fixed military pension and additional compensations for length of service;
  • ch. No. 3 - the procedure for assigning a disability pension;
  • ch. No. 4 - conditions for receiving a pension to relatives of killed servicemen in the event of the loss of a breadwinner;
  • ch. No. 5 - the procedure for calculating the military allowance;
  • ch. No. 6 - the general procedure for the payment of pension insurance.

See also latest changes in Federal Law 166

Latest amendments

In the course of the latest revision of Law No. 4468-1, articles No. 14 and No. 45 were updated with relevant amendments regarding the re-indexation of the budget to increase the size of pension benefits for military personnel and other government employees. Such measures are aimed at providing citizens with a decent standard of living.

In article number 14 of the current Federal Law 4468-1 describes the procedure and appointment of a military old-age pension.

Read the latest amendments to the Federal Law for Guardians

According to the law, payments are provided to persons who have served in the following state bodies:

  • Ministry of Defense of the Russian Federation;
  • internal affairs bodies (ATS);
  • government officials responsible for monitoring prisoners and ensuring prison security (the prison system);
  • the military, providing control over drug trafficking;
  • fire safety employees, etc.

Also, spouses, children and parents of dead servicemen have the right to expect to receive a pension in the event of the loss of a breadwinner.

FZ on the protection of atmospheric air read

The following indicators serve as the basis for registration of a military pension:

  • length of service (continuous military service);
  • position;
  • rank;
  • loss of a breadwinner;
  • disability.

Article No. 45 in the latest edition (dated December 20, 2017) regulates the main ways to increase pensions for certain categories of military personnel, namely:

  • to the heroes of the USSR;
  • honored athletes and champions of the Olympic and Paralympic Games;
  • persons awarded the Order of Labor Glory or the Order "for Service to the Motherland in the Armed Forces of the USSR";
  • participants of the Second World War and other warriors.

Download the law on pensions for military personnel

Pension security for military personnel is part of the mandatory state security federal government workers, heroes Soviet Union as well as other military personnel. This Federal Law, in accordance with the Constitution of the Russian Federation, regulates the conditions, norms and procedure for calculating pension payments to employees of the armed forces of the Russian Federation, officials and rank and file of internal affairs bodies, representatives of state security and their families. ФЗ No. 4468-1 also applies to former servicemen of the Internal Affairs Directorate, the Ministry of Internal Affairs and the KGB.

To download the latest version of the Federal Law "On Pensions for Servicemen", go to

(! LANG: Entire site Legislation Model forms Judicial practice Explanations Invoice Archive

EXPLANATORY NOTE "By the draft federal law" On some issues of application of Article 43 and 49 of the Law of the Russian Federation, dated 12 February 1993, n 4468-1 "On pension security of those performing military service, service in the internal affairs, the State Fire Service, ORGANS FOR THE CONTROL OF THE TURNOVER OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, INSTITUTIONS AND BODIES OF THE CRIMINAL-EXECUTIVE SYSTEM, AND THEIR FAMILIES "

EXPLANATORY NOTE
TO THE DRAFT FEDERAL LAW "ON SOME
ON THE APPLICATION OF ARTICLES 43 AND 49 OF THE RUSSIAN LAW
FEDERATION OF FEBRUARY 12, 1993 N 4468-1 "ABOUT PENSION
PROVIDING PERSONS WHO HAVE DONE MILITARY SERVICE, SERVICE
IN THE BODIES OF THE INTERNAL AFFAIRS, STATE FIRE FIGHTING
SERVICE, DRUG CONTROL BODIES
DRUGS AND PSYCHOTROPIC SUBSTANCES, INSTITUTIONS AND ORGANS
CRIMINAL-EXECUTIVE SYSTEM AND THEIR FAMILIES "
The bill provides official, having the force of federal law, clarifications on the application of Articles 43 and 49 of the Law of the Russian Federation of February 12, 1993 N 4468-1 "On Pension Provisions for Persons Who Did Military Service, Service in Internal Affairs Bodies, State Fire Service, Bodies on the control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families "in terms of including the monthly cost of the corresponding food ration issued to servicemen in the monetary allowance for calculating and revising pensions.
The need to adopt the bill is due to the revealed lack of a uniform understanding by law enforcement officials of the procedure for applying Articles 43 and 49 of the said Law of the Russian Federation.
Article 43 of the aforementioned Law of the Russian Federation provides for the inclusion of the monthly cost of food rations issued to servicemen in the monetary allowance for calculating pensions for military pensioners. At the same time, Clause 1 of Article 14 of the Federal Law "On the Status of Servicemen" as amended, in effect until January 1, 2005, provided for the right of servicemen to receive, in exchange for the food ration given to servicemen, monetary compensation in the amount of the monthly cost of the food ration. The procedure for determining the monthly cost of food rations is established by clause 11 of the Resolution of the Council of Ministers - the Government of the Russian Federation of September 22, 1993 N 941.
On January 1, 2000, the Federal Law "On the Federal Budget for 2000" entered into force, in accordance with which the norm of paragraph 1 of Article 14 of the Federal Law "On the Status of Servicemen" was suspended in terms of establishing the correspondence of the amount of monetary compensation instead of food rations to the size of the monthly cost of a food ration ... The named Federal Law also established that in order to calculate the amount of monetary compensation in exchange for food rations, the cost of food rations is taken equal to 20 rubles per day. This legal norm was repeated in the federal laws on federal budgets for 2001, 2002, 2003, 2004 and 2005.
From January 1, 2000, the pension bodies of the Ministry of Defense of the Russian Federation mistakenly began to be guided by the specified norms of the named Federal laws on federal budgets for calculating pensions (the erroneousness was established by the Decision of the Constitutional Court of the Russian Federation of 12/14/2004 N 429-O). At the same time, the size of the monthly cost of the food ration given out to the servicemen was taken by them as corresponding to the amount of monetary compensation instead of the food ration given out to the servicemen, and equal to 600 rubles.
Since the amount of monetary compensation in exchange for the food ration in monetary terms was less than the actual monthly cost of the food ration, this led to a significant underestimation of the calculated amount of the pension. As a result, military pensioners suffered significant financial losses.
Unfortunately, arbitrage practice showed the lack of a uniform correct understanding of the procedure for the application of Articles 43 and 49 of the said Law of the Russian Federation and the courts of the Russian Federation. They make various decisions on the same issue both in favor of citizens and in favor of federal executive bodies.
At the same time, in the event of refusals in the claims of citizens for the incorrect application of the norms of Articles 43 and 49 of the said Law of the Russian Federation, as a justification for such a decision, the courts groundlessly indicate the absence of data on the daily rate of food rations determined by the competent authorities, the lack of data on prices for food products that exist for the day of the appointment and recalculation of their pension, on the fact that the monthly cost of the food ration is not legally determined. The presence of a statutory amount of monetary compensation instead of food rations is mistakenly accepted by them as the initial basis for including it in the monetary allowance for calculating pensions for military personnel.
The grounds for the adoption of the proposed bill are:
1. Resolution of the Constitutional Court of the Russian Federation of November 17, 1997 N 17-P, in which clause 2 (paragraph four) indicates the possibility and procedure for adopting a normative legal act by means of which an official clarification of a federal law that has the force of law is carried out.
2. Resolution of the Constitutional Court of the Russian Federation of April 23, 2004 N 9-P, in which (paragraph three of clause 4.1) the legal position on the need for accuracy and specificity of legal norms that underlie decisions of law enforcement officers is formulated as a requirement for the legislator, including courts, so that the participants in the relevant legal relationship could reasonably foresee the consequences of their behavior and be confident in the invariability of their officially recognized status, acquired rights, and the effectiveness of their state protection, i.e. in the fact that the right acquired by them on the basis of the current legislation will be respected by the authorities and will be implemented.
3. Determination of the Constitutional Court of the Russian Federation of December 14, 2004 N 429-O, in which, based on an analysis of legislative and other regulatory legal acts of the Russian Federation, the following conclusions were drawn (paragraph 4):
In the official text of the document, apparently, a misprint was made: Law of the Russian Federation of 02/12/1993 "On pension provision for persons who served in the military, service in the internal affairs bodies, the State Fire Service, the bodies for the control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families "has N 4468-1, not N 941. a) Law of the Russian Federation of February 12, 1993 N 941 provides that:
for calculating pensions for military pensioners, the monthly cost of the corresponding food ration is included in the monetary allowance;
pensions, as well as allowances to pensions, increases and increases in pensions are subject to revision with an increase in the monetary allowance of servicemen based on the level of increase in the allowance of the corresponding categories of servicemen taken into account when calculating pensions, simultaneously with its increase;
b) the rules for calculating and revising pensions to persons who served in the military have not been changed by the federal legislator, including through the suspension of the norms of the said Law of the Russian Federation establishing these rules;
c) the concept of "monetary allowance for calculating a pension for servicemen" differs from the concept of "monetary allowance for military personnel" and has an independent normative meaning for the purposes of calculating pensions and its revision for military pensioners: an increase in any of the components of monetary allowances for calculating pensions, including the cost of food rations as a specific form of food security for military personnel, involves a revision of the pension.
The adoption of the bill will make it possible to achieve the correct and uniform application of the norms of Articles 43 and 49 of the Law of the Russian Federation of February 12, 1993 N 4468-1 "On pension provision for persons who have served in the military, service in the internal affairs bodies, the State Fire Service, turnover of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families, "restore the rule of law and exclude from future violation of the rights of citizens dismissed from military service, relieve social tension in society caused by the incorrect application of the norms of the Law.
The adoption of the bill is of great moral and social importance for society and the state.

FINANCIAL AND ECONOMIC JUSTIFICATION
TO THE DRAFT FEDERAL LAW "ON SOME ISSUES
APPLICATION OF ARTICLES 43 AND 49 OF THE LAW OF THE RUSSIAN FEDERATION
OF FEBRUARY 12, 1993 N 4468-1 "ON PENSION SECURITY
OF PERSONS PASSED IN THE MILITARY SERVICE, SERVICE IN THE INTERNAL BODIES
CASES, STATE FIRE SERVICE, BODIES
ON THE CONTROL OF THE TURNOVER OF NARCOTIC DRUGS
AND PSYCHOTROPIC SUBSTANCES, INSTITUTIONS AND BODIES
CRIMINAL-EXECUTIVE SYSTEM,
AND THEIR FAMILIES "
The draft law provides for clarification of some issues of the procedure for applying the norms of the current Law of the Russian Federation.
The bill does not introduce or abolish taxes, does not exempt from their payment, does not provide for the issuance of state loans, does not change the financial obligations of the state, does not provide for expenses covered by the federal budget.
The conclusions of the Government of the Russian Federation in accordance with the requirements of Article 104 (Part 3) of the Constitution of the Russian Federation are not required.

SCROLL
OF FEDERAL LAWS SUBJECT
RECOGNITION LOST FORCE, SUSPENSION, CHANGE,
ADDITION OR ACCEPTANCE IN CONNECTION WITH THE ADOPTION OF THE FEDERAL
THE LAW "ON SOME ISSUES OF APPLICATION OF ARTICLES 43 AND 49
THE LAW OF THE RUSSIAN FEDERATION OF FEBRUARY 12, 1993 N 4468-1
"ON PENSION PROVISION FOR PERSONS WHO HAVE BEEN MILITARY SERVICE,
SERVICE IN THE INTERNAL AFFAIRS, STATE
FIRE SERVICE, TRAFFIC CONTROL BODIES
DRUGS AND PSYCHOTROPIC SUBSTANCES,
INSTITUTIONS AND BODIES OF THE CRIMINAL-EXECUTIVE
SYSTEMS AND THEIR FAMILIES "
In connection with the adoption of this Federal Law, it will not be required to invalidate, suspend, amend, supplement or adopt acts of federal legislation.

In the Russian Federation, legislation pays close attention to pensions.

Legislative acts regulate the process of assigning pensions, calculating due payments, surcharges and other points in relation to pensioners. Moreover, if 400-FZ "On Insurance Pensions" applies to the bulk of persons, then in relation to certain categories of persons, another regulatory document may be taken into account, the effect of which applies only to representatives of a certain profession.

The pensions of doctors, civil servants, and workers in the northern regions are regulated separately. The Law "On Pension Provision for Servicemen" - ФЗ 4468 1 is also in force.

The law basically has a common standard normative act about, the effect of which applies to every citizen of the Russian Federation. At the same time, additional regulatory acts can regulate moments in favor of the employee; such acts cannot infringe on his rights. Almost all regulations in the Russian Federation imply the granting of a special status, preferential conditions and its larger size to employees. At the same time, the Law may also have a number of other features, which should be taken into account before using it to protect your rights.

FZ 4468-1 clearly defines the following provisions:

  • who belongs to this category of persons;
  • how the service time is calculated, taken into account when calculating the pension, what length of service can be considered preferential;
  • what coefficient is used to calculate the amount of the due pension;
  • basic rules for the appointment of a military pension;
  • social guarantees;
  • the size and incidence of disability due to wounds and injuries sustained in the performance of their official duties;
  • when, to whom and in what amount the survivor's pension will be due, if such was the deceased soldier.

Often not only the main Law is used, but also additional regulations that will regulate certain points in solving these issues. For example, the Presidential Decree on amendments to the rules for calculating allowances and additional payments for length of service. An additional Government Decree is also used, which regulates in more detail the mechanism for calculating the length of service.

It is necessary to use the norms of the latest regulatory act with up-to-date information. Usually formulas and general provisions long time remain unchanged and change in some way only against the background of significant reforms. But the initial data used for the calculations (the amount of allowance) will be different in each separate billing period.

Sometimes one-time payments are possible, when, on a holiday or other occasion, people who have become disabled as a result of military service pay additional funds. Usually a fixed amount is set.

Survivor's pension

This type of pension payment is applicable to absolutely all categories of citizens in the broad sense of this term. Moreover, most often this concept means the payment of a child support pension after the death of one of the parents. Also, sometimes payments can be made to the parents or spouses if they are disabled dependents. In relation to the families of military personnel, the rules are somewhat different, therefore it is very important to take them into account, because for the relatives of the dead military personnel it is provided not only larger size pensions, but also directly to a wider circle of people who will be entitled to such payments as such.

It is interesting to immediately draw attention to the fact that even if the military man himself was already a pensioner, then after his death the family will have the right to receive on the same grounds as the families of those military men who continued to serve at the time of death. No reservations and restrictions, differences at the legislative level are additionally not provided.

Who is eligible for a pension?

Those persons whose relatives died in the course of military service or no later than 3 months after its completion are entitled to a survivor's pension of this special status. This includes disabled children, parents and spouses.

In some cases, the survivor's pension may persist even if the spouse remarries.

By the way, gender is a very important caveat! It does not matter who exactly was in the military service - husband or wife. The rights will be exactly the same at the legislative level. According to statistics, women most often enjoy this right, but a man, if he is disabled and his wife, a soldier died, will have the right to receive a survivor's pension. this payment will not be changed in any way.

The most controversial situations are situations regarding the presence of a dependent. Some situations are obvious if these are relatives of the first category and there is documentary evidence of the fact of kinship. But, for example, if a stepdaughter has an official father, but he does not take part in her upbringing in any way and the late stepfather supported her, then it can be difficult to prove this. The same goes for siblings. To do this, you must provide statements of regular cash payments, transfers to the dependent. It is even possible to provide evidence or any other evidence of your case as evidence. V judicial procedure this legal fact of direct financial dependence on the deceased will be established. Further, with this court decision, it will be necessary to apply to the Pension Fund to receive a survivor's pension.

Pension size, allowances

The minimum pension in this case is 150% of the estimated amount, which is provided for in Article 36 of this regulatory act. In this case, we are talking only about those cases when the injury, mutilation were received not through the fault of the military himself. The duty to prove the fact of intent lies with the military medical experts. If the fact of intent is proven, then the assigned size is automatically reduced to 30%. At the same time, the dependents retain the right to apply to the Pension Fund and apply for a pension on the usual standard conditions that apply to all citizens of the Russian Federation.

According to the standard procedure, the pension is calculated as 40% of the amount of the monetary allowance that the breadwinner received during his lifetime (determined in accordance with what position or in what rank he was at the time of death).

In all these cases, the law establishes that the pension will be assigned to each dependent the same, there are no distinctions. Regardless of the degree of kinship, the pension will be the same for all who are entitled to it. It must be understood that the amount of the due pension payment will be provided to everyone in full (one due pension will not be divided equally among all dependents.

A person will not be able to influence in any way the amount of money paid. If, for example, in the case of alimony, it is possible in court to demand the appointment of a larger amount, if there are objective reasons for this (diseases for the treatment of which a large amount is required), then in the case of pensions, everything is regulated only by the norms of current legislation. If the pension is assigned correctly, then it will be impossible to influence its size in any way.

If the child is officially re-adopted by another person, then the pension is automatically withdrawn.

By the way, military pensions will be withdrawn even if the soldier died directly through his own fault (violation of safety precautions, committing illegal actions). If the soldier was found guilty posthumously in some criminal case, then the pension will also be withdrawn. Certain categories of citizens who have the right to receive a survivor's pension on a general basis (disabled widows, children), taking into account the total number of work experience (calculated as standard, excluding preferential conditions of military service. not only to appoint military pension, but also to demand in court the payment of compensation (due pension in full) for the entire period when the pension was not illegally paid.

Assignment and payment of pensions

Depending on what are the grounds for applying for a pension, it will be different where exactly to apply for a pension. If a person has received a disability, then it is necessary to apply exclusively to the Pension Fund. The same applies to situations when, after the death of a soldier, a survivor's pension will be issued. According to the length of service, a person has every right to apply to a specialized branch institution (military enlistment office). To do this, in the event of a move, you must register. Further, when the need arises and the time will come to issue a pension, you must provide:

  • private bussiness;
  • military ID;
  • a copy of the passport (a registration stamp is required).

With these documents, you must contact the pension division of the military registration and enlistment office located at the place of registration of the pensioner. These documents are mandatory for everyone, but also, depending on each specific case, the list can be supplemented with several more important documents:

  • certificate of disability (issued by the ITU authorities), the conclusion of the military medical examination;
  • a military death certificate, as well as documents that confirm kinship, the presence of full-time education in universities and other documentation that confirms kinship and the fact of the presence of dependents;
  • help from The Pension Fund, which confirms any other pension payments in relation to of this person;
  • , employment contracts and other documents that can directly confirm the existence of work experience.

Usually, after submitting an application and a full package of documents, a maximum of 10 days pass before an official response from the Pension Fund. If a person has provided an incomplete list of the necessary documentation, then he is given 3 months to bring the missing documents. If he does not have time to do this within the prescribed time limit, then payments will begin to accrue from the day when the full package of documents is submitted, and not from the moment of the initial application.

If you suddenly have any doubts about the correct calculation of the due amount of the pension, then you should contact the head office of the Pension Fund for clarification or re-calculation.

To do this, it is enough just to send an official appeal, providing a copy of the answer received earlier. There is no need to re-submit certificates and other documents on the pension case - all this information has already been entered into the database. If necessary, you can indicate your examples of calculations so that explanations are provided for each specific item. If necessary, you can come directly to an appointment with a competent specialist of the institution. In rare cases, it may be more appropriate to go to court to defend your rights. In this case, it would still be logical to provide not only the answer of the Pension Fund, but also absolutely all documents in the case that should be used in calculating the pension.

At the same time, it is always very important to know about your rights to receive this or that payment in order to defend them if necessary. This is especially important for the relatives and dependents of the military - most often it is these people who simply do not know about their rights, which may entail the lack of application for the appointment of pension payments. It is just important to take into account that in relation to the military, all questions regarding pension provision will be regulated by this regulatory act (industry), and not by the Law on Pensions, which is standard for the bulk of Russian citizens who receive pensions on a general basis.

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