Federal Law 173 labor pensions. Federal law on labor pensions. Law "On labor pensions in the Russian Federation"

1) women who have given birth to five or more children and raised them before they reach the age of 8 years, upon reaching the age of 50 years, if they have an insurance record of at least 15 years; one of the parents of disabled people from childhood who raised them until they reached the age of 8 years: for men upon reaching the age of 55 years, for women upon reaching the age of 50 years, if they have an insurance record of at least 20 and 15 years, respectively; to guardians of disabled people from childhood or to persons who were guardians of disabled people from childhood who raised them before they reached the age of 8 years old, an old-age labor pension is assigned with a decrease in the age provided for in Article 7 of this Federal Law by one year for every one year and six months of guardianship, but not more than five years in total, if they have insurance experience of at least 20 and 15 years, respectively, men and women;

2) women who have given birth to two or more children, upon reaching the age of 50, if they have an insurance record of at least 20 years and have worked for at least 12 calendar years in the regions of the Far North or at least 17 calendar years in areas equivalent to them;

3) disabled due to military trauma: men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have an insurance record of at least 25 and 20 years, respectively;

4) visually impaired people with group I disability: men upon reaching the age of 50 years and women upon reaching the age of 40 years, if they have insurance experience of at least 15 and 10 years, respectively;

5) citizens suffering from pituitary dwarfism (Lilliputians) and disproportionate dwarfs: men upon reaching the age of 45 years and women upon reaching the age of 40 years, if they have an insurance record of at least 20 and 15 years, respectively;

6) for men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked for at least 15 calendar years in the regions of the Far North or at least 20 calendar years in areas equivalent to them and have an insurance record of at least 25 and 20 years, respectively .

For citizens who worked both in the regions of the Far North and in areas equated to them, a labor pension is established for 15 calendar years of work in the Far North. At the same time, each calendar year of work in areas equivalent to the regions of the Far North is considered nine months of work in the regions of the Far North.

Citizens who have worked in the regions of the Far North for at least 7 years and 6 months are assigned a labor pension with a decrease in the age established by Article 7 of this Federal Law by four months for each full calendar year of work in these regions. When working in areas equated to areas of the Far North, as well as in these areas and areas of the Far North, the provision of the second paragraph of this subparagraph applies;

7) - 12) have become invalid. - Federal Law No. 319-FZ of December 30, 2008;

13) men upon reaching the age of 50, women upon reaching the age of 45, permanently residing in the regions of the Far North and areas equivalent to them, having worked, respectively, for at least 25 and 20 years as reindeer herders, fishermen, hunters-traders.

2. When assigning an old-age labor pension in accordance with subparagraphs 2 and paragraph 1 of this article, the list of regions of the Far North and areas equivalent to them, which was used when assigning state old-age pensions in connection with work in the Far North as of December 31, 2001, is applied of the year.

3. Has expired. - Federal Law of December 30, 2008 N 319-FZ.

Judicial practice under article 28 of the Federal Law of December 17, 2001 No. 173-FZ

Ruling dated November 23, 2018 in case No. А57-10512/2018

Twelfth Arbitration Court of Appeal (12 AAS) - Administrative

12/17/2001 No. 173-FZ "On labor pensions in the Russian Federation" (since 01/01/2015 - in paragraph 1 of part 1 of Article 30 of the Federal Law of 28.12.2013 No. 400-FZ "On insurance pensions"), apply from 01/01/2013 additional rates of insurance contributions to the Pension Fund of the Russian Federation, except for the cases established by part 2 ....

Ruling dated November 23, 2018 in case No. А17-9587/2017

Second Arbitration Court of Appeal (2 AAS) - Administrative

The essence of the dispute: Contesting non-normative legal acts, decisions and actions (inaction) of the pension fund

Calculation of periods of work giving the right to early appointment of an old-age labor pension (approved by Decree of the Government of the Russian Federation of July 11, 2002 No. 516) and Articles 27, 28 of Federal Law No. 173-FZ. - By virtue of clause 5 of the Decree of the Ministry of Labor of the Russian Federation of 05/22/1996 No. 29, the right to a pension due to special working conditions ...

Decision No. 2-3438/2018 2-3438/2018~M-2874/2018 M-2874/2018 dated October 30, 2018 in case No. 2-3438/2018

Severodvinsk city court (Arkhangelsk region) - Civil and administrative

2017 appealed to the defendant with a statement on the appointment of an early old-age insurance pension in accordance with paragraph 6 of part 1 of Art. 32 of the Federal Law of 28 . 12.2013 No. 400-FZ “On insurance pensions”, however, by decision of 01.24.2018 No. 7/11, the appointment of a pension was denied due to insufficient work experience in the Krainy region ...

Decision No. 2-623/2018 2-623/2018~M-486/2018 M-486/2018 dated October 30, 2018 in case No. 2-623/2018

Central District Court of Prokopyevsk (Kemerovo region) - Civil and administrative

He asks to declare illegal the decision to refuse to assign a pension from DD.MM.YYYY No. in accordance with paragraph 19 of Part 1 of Art. 30 of the Federal Law of 28 . 12.2013 No. 400-FZ "On insurance pensions"; oblige the defendant to include the above periods in the length of service for the appointment of an early insurance old-age pension; oblige the defendant to resume the payment of early insurance ...

Decision No. 2-6792/2018 2-6792/2018~M-5792/2018 M-5792/2018 dated October 30, 2018 in case No. 2-6792/2018

Kalininsky District Court of Ufa (Republic of Bashkortostan) - Civil and administrative

days; - from June 14, 2016 to June 24, 2016 - 5 days. In accordance with subparagraph 20 of paragraph 1 of Article 30 of the Federal Law of December 28, 2013 No. 400-FZ “On insurance pensions”, an old-age insurance pension is assigned before reaching the age established by Article 8 of the Federal Law, to persons engaged in medical and other activities ...

Decision No. 2-576/2018 2-576/2018~M-490/2018 M-490/2018 dated October 30, 2018 in case No. 2-576/2018

Pochinkovsky district court (Nizhny Novgorod region) - Civil and administrative

Old age for persons who carried out pedagogical activities in institutions for children, in accordance with paragraph 19 of paragraph 1 of Art. 30 of the Federal Law "On Insurance Pensions" dated 28 . 12.2013 No. 400-FZ. She appealed to the defendant with a statement on the appointment of an early insurance old-age pension in accordance with paragraph 19 of paragraph 1 of Art. ...

Decision No. 2-1813/2018 2-1813/2018~M-1696/2018 M-1696/2018 dated October 30, 2018 in case No. 2-1813/2018

Gulkevichsky District Court (Krasnodar Territory) - Civil and administrative

Stavropoltruboprovodstroy"; from April 03, 1990 to November 15, 1993, senior mechanic of section No. 1 of the Mechanization Department of the Stavropoltruboprovodstroy trust; from November 16, 1993 to January 28, 1994 master; from January 28, 1994 to November 11, 1994, chief engineer of the Salskselkhozgazstroy subsidiary, the Salskselkhozgazstroy subsidiary; since November 11, 1994...

(on currency regulation and currency control) does not apply to labor pensions.

The exception is rules that:

• Regulate the calculation of the amount of labor pensions;
• They are used to determine the size that do not contradict current legislation.

FZ-173 was adopted and then approved by the State Duma on December 17, 2001. The last revision was made on June 4, 2014. Contains 7 chapters and 32 articles.

The law describes the procedure for payment and establishes the size of the labor pension. It is possible to change the conditions and norms for calculating pensions, including the procedure for payment by making additions and amendments to the current legislation.

Sometimes the rules of an international treaty may not comply with FZ-173. In this case, the conditions and procedure for calculating pensions specified in the international treaty of the Russian Federation apply.

FZ-173 outlines the following aspects:

• The procedure for granting rights to citizens of the Russian Federation to accrued labor pensions (more about the law on citizenship of the Russian Federation);
• Indication of specific actions for certain groups of persons in accordance with the law "On labor pensions" in the Russian Federation.

Funds are paid from the state pension fund in accordance with Federal Law-173: local budgets and funds of organizations. The procedure for payment is regulated by special norms of the law of the council of state power, as well as acts of organizations and local governments.

Download

A labor pension is compensation in monetary terms. Provided to insured individuals who are employed by law. It can be accrued in the form of other remuneration in case of disability according to Federal Law-173: disability or old age. Disabled family members are provided in the form of wages or other accruals. The amount is determined in accordance with the rules and regulations that are established in the current 173-FZ "On labor pensions" in the Russian Federation. To download the law with amendments and additions, click .

Recent changes made to the law "On labor pensions in the Russian Federation" - 173-FZ

Federal Law-173 "On labor pensions" was amended on June 4, 2014 (study and). Now, in order to calculate the amount of the pension, a new formula is applied based on the change in the law. Every citizen can use both pension and insurance coverage. Pension payments are also indexed every year. Below are the following articles:

Art 1 p 1

Cash compensation or labor pension is paid on the basis of the current Federal Law-173. The article also describes that changes in the conditions, norms and payment procedure are carried out only subject to additions or amendments to the article. But there were no changes in the latest edition.

Article 9

This article of FZ-173 states that citizens are entitled to a labor pension if a breadwinner has been lost. But only if there are disabled persons who are dependents in the family. If one of the family members is on the list of paragraph 2 of the current article of the law, then the specified amount is transferred regardless of whether the family members were dependent or not. If the breadwinner is missing, then the procedure similar to that used for the loss of a breadwinner in accordance with Federal Law-173 is applied. Cash compensation is given. No changes have been made in the latest edition.

Describes which periods are counted additionally in the insurance period. Eg:

• Time spent in military service or other activities equal under the current legislation;
• The time during which Social Security or sick leave benefits are paid.

28 article 173 FZ

The article of the law lists certain categories of citizens who are entitled to receive an early pension:

• Women who have given birth to two or more children and have reached the age of 50;
• People with disabilities, if the injury was received during military service;
• Visually impaired people with the first group of disabilities;
• Men who are 55 years old and women 50 years old if they work in normal climatic conditions;
• Men over 50 and women over 45 if they work in the Far North or equivalent regions.

In the Russian Federation, the pension of each person is formed in accordance with the current Federal Law-173. There is an insurance and funded part of the pension for pensioners or disabled citizens. The first refers to the funds that were accumulated by a resident of the Russian Federation on their own.

For this purpose, in accordance with the law, a special account is opened. To find out the detailed aspects of FZ-173, download it.

The Law on Labor Pensions in the Russian Federation under the number 173-FZ regulates all issues related to the calculation of pension payments. It establishes the legal basis for citizens of the Russian Federation to be able to receive appropriate accruals. Also, this legal provision stipulates the order in which the implementation of these processes is carried out.

The concept and types of pensions under the Federal Law on Labor Pensions of the Russian Federation

The presented regulation on the appointment of pensions in the Russian Federation was adopted in 2001. Structurally, it consists of seven chapters, which are separated by 32 articles. Thematically, they include the following sections:

• general provisions define the basic concepts used in the article, establish the persons who are entitled to these pension payments, and also determine the types of payments;
• the conditions for the implementation of accruals establish the legal framework for each type of pension provision;
• the insurance period specifies the required period for receiving payments, the procedure and system for calculating them;
• the amount of compensation is also subdivided depending on their type, the share of the insurance part is established;
• further, the procedure and accrual procedure are established, as well as all issues related to recalculations and delivery;
• the procedure for preserving the rights previously obtained under the current legislation is established.

In accordance with the main types, pension provision can be accrued on the following grounds:

• old-age labor pension;
• by disability;
• in case of loss of a breadwinner.

All four articles ultimately discuss the following categories of the population that can count on early registration of old-age pension payments:

• conditions for early compensation for men and women involved in difficult working conditions;
• assignment of pension compensation to employees of the flight test staff;
• certain categories of citizens who, for health reasons or social status, can count on early appointment;
• workers of the Far North and equivalent areas are separately stipulated.

The provisions of these articles regulate the legal aspects of early appointment and the procedure for providing pension payments. Their constant refinement and amendments provide up-to-date information on the situation with these accruals today.

As a result, in the latest edition of articles 27 and 28, together with additional ones, are lists of categories of citizens. It is this category that can count on early retirement.

Law 173-FZ on labor pensions in the Russian Federation in the latest edition

Changes to the Federal Law on Labor Pensions of the Russian Federation were made throughout the period of its validity. The latest edition offers the opportunity to obtain complete and up-to-date information on the statute.

For convenience, the following document contains links to the related acts. This allows you to visually receive complete information on emerging issues. Also, with their help, you can study the procedure for making changes and their content.

The latest version of the statute 173-FZ was amended in November 2015 in accordance with the Resolution of the Constitutional Court of the Russian Federation. If we talk exclusively about the wording of the Federal Laws, then the last change in them falls on June 2014.

Forms of self-defense by employees of labor rights

According to constitutional laws, every citizen can count on the protection of his freedoms and rights from external ...

Numbering of employment contracts in the organization

When maintaining documentation in an organization, it is desirable to adhere to the standards of Rostrud. And although the assignment of numbers to employment contracts ...

Conditions for the participation of foreign citizens in labor relations

In the Russian Federation, foreign citizens can independently decide what kind of work they get and what…

Federal Law 400-FZ on insurance pensions as amended 2018

The insurance pension is a fixed monthly payment. Federal Law 400-FZ regulates these aspects. He indicates…

Law of the Russian Federation on employment in 2018

The federal law on employment of the population of the Russian Federation regulates the main aspects of the life of citizens, relating not only to the availability ...

Ways to protect the labor rights of workers

A working person has the right to protect his interests in the process of performing his work duties, paying ...

RUSSIAN FEDERATION

THE FEDERAL LAW
dated 17.12.01 N 173-FZ

ABOUT LABOR PENSIONS IN THE RUSSIAN FEDERATION

(as amended by the Federal Laws of July 25, 2002 N 116-FZ,
dated December 31, 2002 N 198-FZ, dated November 29, 2003 N 154-FZ,
dated 29.06.2004 N 58-FZ, dated 22.08.2004 N 122-FZ,
dated 14.02.2005 N 3-FZ, dated 03.06.2006 N 70-FZ,
dated 06/03/2006 N 77-FZ, dated 09/24/2007 N 223-FZ,
dated 01.11.2007 N 244-FZ, dated 01.12.2007 N 312-FZ,
dated 30.04.2008 N 55-FZ, dated 22.07.2008 N 146-FZ,
dated 22.07.2008 N 156-FZ, dated 30.12.2008 N 319-FZ,
as amended
Resolution of the Constitutional Court of the Russian Federation of 03.06.2004 N 11-P,
Determination of the Constitutional Court of the Russian Federation of June 27, 2005 N 231-O,
Decree of the Constitutional Court of the Russian Federation of July 10, 2007 N 9-P)

This Federal Law, in accordance with the Constitution of the Russian Federation and the Federal Law "On Compulsory Pension Insurance in the Russian Federation", establishes the grounds for the emergence and procedure for exercising the right of citizens of the Russian Federation to labor pensions.

Chapter 1. GENERAL PROVISIONS

Article 1. Legislation of the Russian Federation on labor pensions

1. Labor pensions are established and paid in accordance with this Federal Law. Changing the conditions and norms for establishing, as well as the procedure for paying labor pensions, is carried out only by introducing amendments and additions to this Federal Law.

2. If an international treaty of the Russian Federation establishes other rules than those provided for by this Federal Law, the rules of the international treaty of the Russian Federation shall apply.

3. In the cases provided for by this Federal Law, the Government of the Russian Federation determines the procedure for exercising the right of citizens of the Russian Federation to labor pensions and the conditions for establishing the said pensions for certain categories of citizens. For the purposes of the uniform application of this Federal Law, appropriate explanations may be issued, if necessary, in the manner determined by the Government of the Russian Federation.

4. The procedure for establishing and paying pensions for state pension provision at the expense of the federal budget are regulated by the Federal Law "On State Pension Provision in the Russian Federation" and the Law of the Russian Federation "On Pension Provision for Persons Who Have Served in Military Service, Service in Internal Affairs Bodies, the State fire service, institutions and bodies of the penitentiary system, and their families.

5. Relations related to the provision of pensions to citizens at the expense of the budgets of the constituent entities of the Russian Federation, funds of local budgets and funds of organizations are regulated by regulatory legal acts of state authorities of the constituent entities of the Russian Federation, local governments and acts of organizations.

Article 2. Basic concepts used in this Federal Law

For the purposes of this Federal Law, the following basic concepts shall apply:

labor pension - a monthly cash payment in order to compensate citizens for wages or other income that the insured persons received before the establishment of a labor pension or lost by disabled family members of the insured persons due to the death of these persons, the right to which is determined in accordance with the conditions and norms, established by this Federal Law;

insurance period - taken into account when determining the right to a labor pension, the total duration of periods of work and (or) other activities during which insurance premiums were paid to the Pension Fund of the Russian Federation, as well as other periods counted in the insurance period;

calculated pension capital - accounting in the manner determined by the Government of the Russian Federation, the total amount of insurance premiums and other receipts to the Pension Fund of the Russian Federation for the insured person and pension rights in monetary terms, acquired before the entry into force of this Federal Law, which is the basis for determining the amount the insurance part of the labor pension;

establishment of a labor pension - assignment of a labor pension, recalculation of its amount, transfer from one type of pension to another;

individual personal account - a set of information about the insurance premiums received for the insured person and other information about the insured person, containing his identification features in the Pension Fund of the Russian Federation, as well as other information that takes into account the pension rights of the insured person in accordance with the Federal Law "On Individual (personalized ) accounting in the system of compulsory pension insurance";

special part of the individual personal account - a section of the individual personal account of the insured person in the system of individual (personalized) accounting in the Pension Fund of the Russian Federation, which separately takes into account information about insurance premiums received for this person directed to mandatory funded financing of labor pensions, additional insurance premiums for the funded part of the labor pension, the employer's contributions paid in favor of the insured person and the contributions for co-financing the formation of pension savings, as well as income from their investment and payments made from pension savings;

pension savings - a set of funds accounted for in the special part of the individual personal account, formed from insurance premiums received for mandatory funded financing of labor pensions, additional insurance premiums for the funded part of labor pensions, employer contributions paid in favor of the insured person, contributions for co-financing the formation of pension savings and income from their investment;
(as amended by Federal Law No. 55-FZ of April 30, 2008)

expected period of payment of an old-age labor pension - an indicator calculated on the basis of data from the federal executive body on statistics and used to determine the insurance part and the funded part of a labor pension.

Article 3. Persons entitled to a labor pension

Citizens of the Russian Federation who are insured in accordance with the Federal Law "On Compulsory Pension Insurance in the Russian Federation" are entitled to a labor pension, provided that they comply with the conditions provided for by this Federal Law.

Disabled members of the families of the persons specified in the first part of this article are entitled to a labor pension in the cases provided for in article 9 of this Federal Law.

Foreign citizens and stateless persons permanently residing in the Russian Federation are entitled to a labor pension on an equal footing with citizens of the Russian Federation, with the exception of cases established by federal law or an international treaty of the Russian Federation.

Article 4. Right to choose a pension

1. Citizens who have the right to simultaneously receive labor pensions of various types, in accordance with this Federal Law, are entitled to one pension of their choice.

2. In the cases provided for by the Federal Law "On State Pension Provision in the Russian Federation", it is allowed to simultaneously receive a state pension provision pension established in accordance with the said Federal Law and a labor pension (part of a labor pension) established in accordance with this Federal Law. by law.

3. An application for the appointment of a labor pension (part of a labor pension) may be carried out at any time after the right to a labor pension (part of a labor pension) arises without limitation by any period.

Article 5. Types of labor pensions and their structure

1. In accordance with this Federal Law, the following types of labor pensions are established:

1) old-age labor pension;

2) labor disability pension;

3) labor pension in case of loss of a breadwinner.

2. An old-age labor pension and a labor disability pension may consist of the following parts:

1) base part;

2) insurance part;

3) the cumulative part.

3. Labor pension in case of loss of a breadwinner consists of the following parts:

1) base part;

2) insurance part.

4. Citizens who for some reason do not have the right to a labor pension are provided with a social pension on the terms and in the manner determined by the Federal Law "On State Pension Provision in the Russian Federation".

Article 6. Financing of labor pensions

1. The procedure for financing the parts of labor pensions specified in paragraphs 2 and 3 of Article 5 of this Federal Law, as well as the procedure for accounting for funds on an individual personal account, are determined by the Federal Law "On Compulsory Pension Insurance in the Russian Federation".

2. When amendments and additions are made to this Federal Law that require an increase in the costs of paying labor pensions (parts of labor pensions), the relevant federal law determines the specific source and procedure for financing additional expenses, and federal laws on the introduction of necessary changes are also mandatory adopted. and additions to federal laws on the federal budget and the budget of the Pension Fund of the Russian Federation.

3. Establishment of the funded part of the labor pension is carried out if there are funds accounted for in the special part of the individual personal account of the insured person.

Chapter II. CONDITIONS FOR ASSIGNING LABOR PENSIONS

Article 7. Conditions for assigning an old-age labor pension

1. Men who have reached the age of 60 and women who have reached the age of 55 have the right to an old-age labor pension.

2. An old-age labor pension is assigned if there is at least five years of insurance experience.

Article 8. Conditions for the appointment of a labor disability pension

1. A labor disability pension is established in the event of a disability in the presence of a limitation of the ability to work of the III, II or I degree, determined by medical indications.

2. The procedure for recognizing a citizen as a disabled person by the bodies of the State Medical and Social Expertise, the procedure for establishing the period of disability and the degree of limitation of the ability to work, the procedure for establishing the time of onset of disability and the causal relationship of disability or death of the breadwinner with the commission by a citizen of a criminally punishable act or intentional damage to him their health, which are established in a judicial proceeding, are approved by the Government of the Russian Federation.

3. A labor disability pension is established regardless of the cause of disability (with the exception of cases provided for in paragraph 4 of this article), the length of the insurance period of the insured person, the continuation of labor activity by the disabled person, and also whether the disability occurred during the period of work, before entering work or after work stoppage.

4. In the event of the complete absence of an insurance period for a disabled person, as well as in the event of disability due to the commission of an intentional criminally punishable act by him or the deliberate infliction of damage to his health, which are established in court, a social disability pension is established in accordance with the Federal Law "On State Pension security in the Russian Federation". In this case, paragraph 5 of this article shall apply.

5. In the presence of pension savings accounted for in the special part of the individual personal account of the insured person recognized as disabled, the funded part of the labor disability pension is established for this insured person not earlier than he reaches the age provided for in paragraph 1 of Article 7 of this Federal Law, and for disabled people since childhood, having limited ability to work III and II degree - regardless of age; persons suffering from pituitary dwarfism (Lilliputians), disproportionate dwarfs and visually impaired persons with III degree disability - not earlier than they reach the age provided for in Article 28 of this Federal Law, respectively.

Article 9

1. Disabled members of the family of the deceased breadwinner, who were his dependents, have the right to a labor pension in the event of the loss of a breadwinner. One of the parents, spouse or other family members specified in subparagraph 2 of paragraph 2 of this article shall be granted the said pension regardless of whether or not they were dependent on the deceased breadwinner. The family of the missing breadwinner is equated to the family of the deceased breadwinner, if the missing breadwinner is certified in the prescribed manner.

2. Disabled members of the family of the deceased breadwinner are recognized:

1) children, brothers, sisters and grandchildren of the deceased breadwinner who have not reached the age of 18, as well as children, brothers, sisters and grandchildren of the deceased breadwinner studying full-time in educational institutions of all types and types, regardless of their organizational and legal form, for with the exception of educational institutions of additional education, until they complete such training, but not longer than until they reach the age of 23 years or children, brothers, sisters and grandchildren of the deceased breadwinner older than this age, if they became disabled before reaching the age of 18 years, having limited ability to labor activity. At the same time, brothers, sisters and grandchildren of the deceased breadwinner are recognized as disabled members of the family, provided that they do not have able-bodied parents;

2) one of the parents or a spouse or grandfather, grandmother of the deceased breadwinner, regardless of age and ability to work, as well as a brother, sister or child of the deceased breadwinner who has reached the age of 18, if they are engaged in caring for the children, brothers, sisters or grandchildren of the deceased breadwinner, do not who have reached the age of 14 and are entitled to a labor pension in case of loss of a breadwinner in accordance with subparagraph 1 of this paragraph, and do not work;

3) the parents and spouse of the deceased breadwinner, if they have reached the age of 60 and 55 years (men and women, respectively) or are disabled persons with limited ability to work;

4) the grandfather and grandmother of the deceased breadwinner, if they have reached the age of 60 and 55 years (men and women, respectively) or are disabled persons with limited ability to work, in the absence of persons who, in accordance with the legislation of the Russian Federation, are obliged to support them.

3. Family members of the deceased breadwinner are recognized as being dependent on him if they were fully supported by him or received assistance from him, which was for them a permanent and main source of livelihood.

4. Dependence of the children of deceased parents is assumed and does not require proof, with the exception of the said children who are declared in accordance with the legislation of the Russian Federation as fully capable or who have reached the age of 18 years.

5. Disabled parents and the spouse of the deceased breadwinner, who were not dependent on him, have the right to a labor pension in case of the loss of the breadwinner, if they, regardless of the time that has passed since his death, have lost their source of livelihood.

6. Family members of the deceased breadwinner, for whom his assistance was a permanent and main source of livelihood, but who themselves received a pension, have the right to transfer to a labor pension in case of loss of a breadwinner.

7. Labor pension in case of loss of the breadwinner-spouse is preserved upon entering into a new marriage.

8. Adoptive parents have the right to a labor pension in case of loss of a breadwinner on an equal basis with their parents, and adopted children - on an equal basis with their own children. Minor children who are entitled to a survivor's pension shall retain this right upon adoption.

9. A stepfather and a stepmother are entitled to a survivor's pension on an equal footing with the father and mother, provided that they raised and supported the deceased stepson or stepdaughter for at least five years. A stepson and stepdaughter are entitled to a survivor's pension on an equal footing with their own children if they were raised and supported by a deceased stepfather or stepmother, which is confirmed in the manner determined by the Government of the Russian Federation.

10. A labor pension in case of loss of a breadwinner is established regardless of the duration of the insurance period of the breadwinner, as well as on the cause and time of his death, except for the cases provided for in paragraph 11 of this article.

11. In the event that the deceased breadwinner has no insurance record, and also in the event of his death as a result of the commission of an intentional criminally punishable act or deliberate damage to his health, which are established in court, a social pension is established in connection with the death of the breadwinner in accordance with the Federal Law "On State Pension Provision in the Russian Federation". In this case, paragraph 12 of this article shall apply.

12. In the event that the death of the insured person occurred before the assignment of the funded part of the old-age labor pension to him or before the recalculation of the size of this part of the specified pension, taking into account additional pension savings, the funds recorded in the special part of his individual personal account are paid in the prescribed manner to persons specified in paragraph 6 of Article 16 of this Federal Law. At the same time, the insured person shall have the right at any time, by submitting an appropriate application to the Pension Fund of the Russian Federation, to determine specific persons from among those indicated in paragraph 6 of Article 16 of this Federal Law or from among other persons to whom such payment may be made, and also to establish in which shares, the funds indicated above should be distributed among them. In the absence of this application, the funds recorded in the special part of the individual personal account, payable to the relatives of the insured person, are distributed among them in equal shares.

Chapter III. INSURANCE EXPERIENCE

Article 10. Periods of work and (or) other activities included in the length of service

By the Resolution of the Constitutional Court of the Russian Federation of July 10, 2007 N 9-P, the provisions of paragraph 1 of this article are recognized as contrary to the Constitution of the Russian Federation to the extent that they allow not to include periods of work for which insurance premiums have not been paid in full or in part, in the insurance period, taken into account when determining the right to a labor pension and reduce the amount of its insurance part when assigning (recalculating) a labor pension.

Pending the establishment of the appropriate legal regulation by the federal legislator, the Constitutional Court of the Russian Federation has established a legal mechanism for the implementation of the pension rights of this category of citizens.

At the same time, the provisions of paragraph 1 of this article, to the extent that they fix the unconditional obligation of all insurers (employers) to pay insurance premiums in a timely manner and in full, and are aimed at ensuring the normal functioning of the financial system of compulsory pension insurance on the basis of insurance principles and fulfillment of the obligations of the Pension Fund of the Russian Federation to the insured persons are recognized as not contradicting the Constitution of the Russian Federation.

1. The length of service includes periods of work and (or) other activities that were performed on the territory of the Russian Federation by persons specified in part one of Article 3 of this Federal Law, provided that insurance premiums were paid to the Pension Fund of the Russian Federation for these periods.

2. The periods of work and (or) other activities that were performed by the persons specified in the first part of Article 3 of this Federal Law outside the territory of the Russian Federation are included in the length of service in cases provided for by the legislation of the Russian Federation or international treaties of the Russian Federation, or in in case of payment of insurance premiums to the Pension Fund of the Russian Federation in accordance with Article 29 of the Federal Law "On Compulsory Pension Insurance in the Russian Federation".

On the refusal to accept for consideration a complaint about the recognition of Article 11 as inconsistent with the Constitution of the Russian Federation in the part in which it does not provide for, among "other periods" counted in the insurance period, periods of study in higher educational institutions, due to the fact that, according to the set On this issue, the Decree of the Constitutional Court of the Russian Federation of 29.01.2004 N 2-P was adopted earlier, which remains in force, see the ruling of the Constitutional Court of the Russian Federation of 23.06.2005 N 276-O.

Article 11

1. The length of service, along with the periods of work and (or) other activities, which are provided for in Article 10 of this Federal Law, shall include:

1) the period of military service, as well as other service equivalent to it, provided for by the Law of the Russian Federation "On pensions for persons who have served in military service, service in the internal affairs bodies, the State Fire Service, institutions and bodies of the penitentiary system, and their families ";

2) the period of receipt of state social insurance benefits during the period of temporary incapacity for work;

3) the period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than three years in total;

4) the period of receipt of unemployment benefits, the period of participation in paid public works and the period of moving in the direction of the state employment service to another locality for employment;

6) the period of care provided by an able-bodied person for a disabled person of group I, a disabled child or a person who has reached the age of 80 years;

7) the period of residence of spouses of military servicemen under contract, together with their spouses, in areas where they could not work due to the lack of employment opportunities, but not more than five years in total;
(Item 7 was introduced by Federal Law No. 146-FZ of July 22, 2008)

8) the period of residence abroad of spouses of employees sent to diplomatic missions and consular offices of the Russian Federation, permanent missions of the Russian Federation to international organizations, trade missions of the Russian Federation in foreign states, representative offices of federal executive authorities, government agencies under federal executive authorities or in as representatives of these bodies abroad, as well as to representative offices of state institutions of the Russian Federation (state bodies and state institutions of the USSR) abroad and international organizations, the list of which is approved by the Government of the Russian Federation, but not more than five years in total.
(Item 8 was introduced by Federal Law No. 146-FZ of July 22, 2008)

2. The periods provided for in paragraph 1 of this article shall be counted in the length of service in the event that they were preceded and (or) followed by periods of work and (or) other activities (regardless of their duration) specified in article 10 of this Federal Law .

Article 12

1. The calculation of the length of service required to acquire the right to a labor pension is carried out in a calendar order. If several periods specified in Articles 10 and 11 of this Federal Law coincide in time, one of such periods is taken into account when calculating the insurance period at the choice of the person who applied for the establishment of the specified pension.

When calculating the length of service required to acquire the right to the insurance part of an old-age labor pension by citizens receiving a pension for long service or a disability pension in accordance with the Law of the Russian Federation "On pension provision for persons who have served in the military, served in the internal affairs bodies, the State fire service, authorities for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families", the length of service does not include periods of service preceding the appointment of a disability pension, or periods of service, work and other activities, taken into account when determining the amount of pension for years of service in accordance with the said Law.
(the paragraph was introduced by Federal Law No. 156-FZ of July 22, 2008)

2. When calculating the insurance period, the periods of work during the full navigational period on water transport and during the full season in organizations of seasonal industries determined by the Government of the Russian Federation are taken into account in such a way that the duration of the insurance period in the corresponding calendar year is a full year.

Article 13

1. When calculating the insurance period, the periods of work and (or) other activities that are provided for in Articles 10 and 11 of this Federal Law, prior to the registration of a citizen as an insured person in accordance with the Federal Law "On Individual (Personalized) Registration in the Compulsory Pension Insurance System" are confirmed by documents issued in accordance with the established procedure by employers or relevant state (municipal) bodies.

2. When calculating the insurance period, the periods of work and (or) other activities that are provided for in Articles 10 and 11 of this Federal Law, after the registration of a citizen as an insured person in accordance with the Federal Law "On Individual (Personalized) Registration in the System of Compulsory Pension Insurance" confirmed on the basis of information of individual (personalized) accounting.

3. When calculating the length of service, the periods of work in the territory of the Russian Federation, provided for in Article 10 of this Federal Law, prior to the registration of a citizen as an insured person in accordance with the Federal Law "On Individual (Personalized) Accounting in the System of Compulsory Pension Insurance" may be established on the basis of testimony two or more witnesses, if the work documents are lost due to a natural disaster (earthquake, flood, hurricane, fire, etc.) and it is impossible to restore them. In some cases, it is allowed to establish the length of service on the basis of the testimony of two or more witnesses in case of loss of documents and for other reasons (due to their careless storage, deliberate destruction, and similar reasons) through no fault of the employee.

4. The rules for calculating and confirming the insurance period, including on the basis of testimonies, are established in the manner determined by the Government of the Russian Federation.

Chapter IV. LABOR PENSIONS

Article 14

1. The amount of the basic part of the old-age labor pension is set at 1,794 rubles per month.

2. For persons who have reached the age of 80 or who are disabled and have a third-degree disability, the amount of the basic part of the old-age labor pension is set at 3,588 rubles per month.

3. For persons who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the amount of the basic part of the old-age labor pension is established in the following amounts:

1) if there is one such family member - 2,392 rubles per month;

2) if there are two such family members - 2,990 rubles per month;

3) if there are three or more such family members - 3,588 rubles per month.
(Clause 3 as amended by Federal Law No. 244-FZ of November 1, 2007)

4. Persons who have reached the age of 80 or are disabled, have a III degree disability, who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the amount of basic part of the old-age labor pension is established in the following amounts:

1) if there is one such family member - 4,186 rubles per month;

2) if there are two such family members - 4,784 rubles per month;

(Clause 4 as amended by Federal Law No. 244-FZ of November 1, 2007)

4.1. The amount of the basic part of the old-age labor pension for persons living in the regions of the Far North and areas equated to them is increased by the appropriate regional 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) ).

When citizens leave the regions of the Far North and areas equated to them for a new place of residence, the size of the basic part of the old-age labor pension is determined in accordance with paragraphs 1-4 of this article.

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, the size of the base part of the old-age labor pension is determined taking into account the size of the regional coefficient for the new place of residence.

4.2. For persons who have worked for at least 15 calendar years in 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, the amount of the basic part of the old-age labor pension is set at 2,691 rubles per month.

Persons who worked both in the regions of the Far North and in areas equated to them, when determining the number of calendar years of work in areas of the Far North in order to establish the size of the basic part of the old-age labor pension for each calendar year of work in areas equated to regions of the Far North, counted as nine months of work in the regions of the Far North.

(Clause 4.2 as amended by Federal Law No. 312-FZ of December 1, 2007)

4.3. For persons specified in clause 4.2 of this article who have reached the age of 80 or are disabled, having a third-degree disability, the amount of the basic part of the old-age labor pension is set at 5,382 rubles per month.
(Clause 4.3 as amended by Federal Law No. 312-FZ of December 1, 2007)

4.4. Persons specified in paragraph 4.2 of this article (with the exception of persons who have reached the age of 80 or are disabled, having a disability of the third degree), who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the amount of the basic part of the old-age labor pension is established in the following amounts:

1) if there is one such family member - 3,588 rubles per month;

2) if there are two such family members - 4,485 rubles per month;

3) if there are three or more such family members - 5,382 rubles per month.

(Clause 4.4 as amended by Federal Law No. 312-FZ of December 1, 2007)

4.5. Persons specified in paragraph 4.2 of this article who have reached the age of 80 or are disabled, have a III degree disability, who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the amount of the basic part of the old-age labor pension is established in the following amounts:

1) if there is one such family member - 6,279 rubles per month;

2) if there are two such family members - 7,176 rubles per month;

3) if there are three or more such family members - 8,073 rubles per month.

(Clause 4.5 as amended by Federal Law No. 312-FZ of December 1, 2007)

4.6. For 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, the amount of the basic part of the old-age labor pension is set at 2,332 rubles 20 kopecks per month.
(Clause 4.6 as amended by Federal Law No. 312-FZ of December 1, 2007)

4.7. For persons specified in clause 4.6 of this article who have reached the age of 80 or who are disabled and have a third-degree disability, the amount of the basic part of the old-age labor pension is set at 4,664 rubles 40 kopecks per month.
(Clause 4.7 as amended by Federal Law No. 312-FZ of December 1, 2007)

4.8. Persons specified in paragraph 4.6 of this article (with the exception of persons who have reached the age of 80 or are disabled, having a disability of the third degree), who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the amount of the basic part of the old-age labor pension is established in the following amounts:

1) if there is one such family member - 3,109 rubles 60 kopecks per month;

2) if there are two such family members - 3,887 rubles per month;

3) if there are three or more such family members - 4,664 rubles 40 kopecks per month.

(Clause 4.8 as amended by Federal Law No. 312-FZ of December 1, 2007)

4.9. Persons specified in clause 4.6 of this article who have reached the age of 80 or are disabled, have a III degree disability, who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the amount of the basic part of the old-age labor pension is established in the following amounts:

1) if there is one such family member - 5,441 rubles 80 kopecks per month;

2) if there are two such family members - 6,219 rubles 20 kopecks per month;

3) if there are three or more such family members - 6,996 rubles 60 kopecks per month.

(Clause 4.9 as amended by Federal Law No. 312-FZ of December 1, 2007)

4.10. The basic part of the old-age labor pension is established in the amounts specified in paragraphs 4.2 - 4.9 of this article, regardless of the place of residence of the citizen.
(Clause 4.10 was introduced by Federal Law No. 312-FZ of December 1, 2007)

4.11. Citizens who have the right to increase the size of the basic part of the old-age labor pension by the appropriate regional coefficient in accordance with paragraph 4.1 of this article and at the same time to the basic part of the old-age labor pension in the amounts provided for in paragraphs 4.2 - 4.9 of this article, at the choice of the citizen, either the basic part of the old-age labor pension in the amounts specified in paragraphs 1 - 4 of this article, using paragraph 4.1 of this article, or the establishment of the basic part of the old-age labor pension in the amounts indicated in paragraphs 4.2 - 4.9 of this article.
(Clause 4.11 was introduced by Federal Law No. 312-FZ of December 1, 2007)

5. The amount of the insurance part of the old-age labor pension is determined by the formula:

MF \u003d PC / T, where

SCH - the insurance part of the old-age labor pension;

PC - the amount of the estimated pension capital of the insured person, taken into account as of the day from which the insurance part of the old-age labor pension is assigned to the specified person;

When determining the size of the insurance part of the labor pension, starting from January 1, 2002, the expected period for the payment of the labor pension for old age, provided for in paragraph 5 of Article 14, is set at a duration of 12 years (144 months) and annually increases by 6 months (from January 1 of the corresponding year) until it reaches 16 years (192 months), and then annually increased by one year (from January 1 of the relevant year) until reaching 19 years (228 months). For the persons specified in paragraph 1 of Article 27 and paragraph 1 of Article 28, starting from January 1, 2013, this period is increased annually (from January 1 of the corresponding year), while the total number of years of such an increase cannot exceed the number of years missing from early appointment of a labor pension up to the retirement age established by Article 7 of this document (for men and women, respectively) (Article 32 of this document).

T is the number of months of the expected period for the payment of an old-age labor pension used to calculate the insurance part of the specified pension, which is 19 years (228 months).

The amount of the insurance part of the old-age labor pension of insured persons who have been recipients of the insurance part of the labor disability pension for at least 10 years in total cannot be less than the amount of the insurance part of the labor disability pension, which was established for these persons as of the day from which they were definitively terminated the payment of the specified part of this pension.

When determining the amount of the insurance part of the old-age labor pension in the manner prescribed by paragraph 6 of Article 14, starting from January 1, 2002, the expected period of payment of the labor old-age pension cannot be less than 10 years (120 months). Starting from January 1, 2009, the specified duration is increased annually by 6 months (from January 1 of the corresponding year) until it reaches 14 years (168 months) (Article 32 of this document).

6. When assigning the insurance part of an old-age labor pension at a later age than provided for in paragraph 1 of Article 7 of this Federal Law, the expected period for the payment of an old-age labor pension (paragraph 5 of this Article) is reduced by one year for each full year that has elapsed since day of reaching the specified age. At the same time, the expected period of payment of an old-age labor pension used to calculate the amount of the insurance part of the specified pension cannot be less than 14 years (168 months).

When determining the amount of the insurance part of the old-age labor pension in the manner prescribed by paragraph 7 of Article 14, starting from January 1, 2002, the expected period of payment of the labor old-age pension cannot be less than 10 years (120 months). Starting from January 1, 2009, the specified duration is increased annually by 6 months (from January 1 of the corresponding year) until it reaches 14 years (168 months) (Article 32 of this document).

7. When recalculating the insurance part of an old-age labor pension in accordance with paragraphs 3 and 4 of Article 17 of this Federal Law, the expected period for paying an old-age labor pension (paragraphs 5 and 6 of this Article) is reduced by one year for each full year that has elapsed from the date of appointment specified part of this pension. At the same time, the specified period, including taking into account its reduction in the case provided for in paragraph 6 of this article, cannot be less than 14 years (168 months).

8. Has expired. - Federal Law of February 14, 2005 N 3-FZ.

9. The amount of the funded part of the old-age labor pension is determined by the formula:

LF = PN / T, where

PN - the amount of pension savings of the insured person, recorded in the special part of his individual personal account as of the day from which the funded part of the old-age labor pension is assigned to him;

T - the number of months of the expected period for the payment of an old-age labor pension used to calculate the funded part of the specified pension, determined in the manner prescribed by federal law.

10. If an old-age labor pension is established, which includes the insurance part and (or) the funded part of the specified pension, the funds reflected in the individual personal account and (or) in the special part of the individual personal account and taken into account when assigning this pension are not are taken into account when recalculating the relevant part of the old-age labor pension on the grounds provided for in paragraphs 3, 4 and 10 of Article 17 of this Federal Law, and when indexing the calculated pension capital provided for in paragraph 8 of Article 30 of this Federal Law.

11. The amount of the old-age labor pension is determined by the formula:

P \u003d warhead + midrange + bass, where

P - the size of the old-age labor pension;

BC - the basic part of the old-age labor pension (paragraphs 1 - 4.9 of this article);

SC - the insurance part of the old-age labor pension (paragraph 5 of this article);

NC - the funded part of the old-age labor pension (paragraph 9 of this article).

Article 15

The size of the basic part of the labor disability pension, depending on the degree of limitation of the ability to work, is established in the following amounts:

1) at the III degree - 3,588 rubles per month;

2) at the II degree - 1,794 rubles per month;

3) at the I degree - 897 rubles per month.
(Clause 1 as amended by Federal Law No. 244-FZ of November 1, 2007)

2. For persons who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of Article 9 of this Federal Law, the amount of the basic part of the labor disability pension is established in the following amounts:

1) at III degree:

if there is one such family member - 4,186 rubles per month;

if there are two such family members - 4,784 rubles per month;

2) at II degree:

if there is one such family member - 2,392 rubles per month;

if there are two such family members - 2,990 rubles per month;

if there are three or more such family members - 3,588 rubles per month;

3) at the I degree:

if there is one such family member - 1,495 rubles per month;

if there are two such family members - 2,093 rubles per month;

if there are three or more such family members - 2,691 rubles per month.
(Clause 2 as amended by Federal Law No. 244-FZ of November 1, 2007)

2.1. The amount of the basic part of the labor disability pension for persons living in the regions of the Far North and areas equated to them is increased by the appropriate regional 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 the indicated regions (locities) ).

When citizens leave the regions of the Far North and areas equated to them to a new place of residence, the size of the basic part of the labor disability pension is determined in accordance with paragraphs 1 and 2 of this article.

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, the size of the base part of the disability labor pension is determined taking into account the size of the regional coefficient for the new place of residence.

2.2. The size of the basic part of the labor disability pension for persons who have worked for at least 15 calendar years in 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 is established depending on the degree of limitation of the ability to work. Persons who worked both in the regions of the Far North and in areas equated to them, when determining the number of calendar years of work in areas of the Far North in order to establish the size of the basic part of the disability labor pension for each calendar year of work in areas equated to regions of the Far North, counted as nine months of work in the regions of the Far North. The amount of the basic part of the labor disability pension is established in the following amounts:

1) at the III degree - 5,382 rubles per month;

2) at the II degree - 2,691 rubles per month;

3) at the I degree -1 345 rubles 50 kopecks per month.

(Clause 2.2 as amended by Federal Law No. 312-FZ of December 1, 2007)

2.3. For the persons specified in paragraph 2.2 of this article, who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of article 9 of this Federal Law, the amount of the basic part of the labor disability pension is established in the following amounts:

1) at III degree:

if there is one such family member - 6,279 rubles per month;

if there are two such family members - 7,176 rubles per month;

if there are three or more such family members - 8,073 rubles per month;

2) at II degree:

if there is one such family member - 3,588 rubles per month;

if there are two such family members - 4,485 rubles per month;

if there are three or more such family members - 5,382 rubles per month;

3) at the I degree:

if there is one such family member - 2,242 rubles 50 kopecks per month;

if there are two such family members - 3,139 rubles 50 kopecks per month;

if there are three or more such family members - 4,036 rubles 50 kopecks per month.

(Clause 2.3 as amended by Federal Law No. 312-FZ of December 1, 2007)

2.4. 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, the amount of the basic part of the labor disability pension, depending on the degree of limitation of the ability to work activity is set in the following amounts:

1) at the III degree - 4,664 rubles 40 kopecks per month;

2) at II degree - 2 332 rubles 20 kopecks per month;

3) at the I degree - 1,166 rubles 10 kopecks per month.

(Clause 2.4 as amended by Federal Law No. 312-FZ of December 1, 2007)

2.5. For the persons specified in paragraph 2.4 of this article, who are dependent on disabled family members specified in subparagraphs 1, 3 and 4 of paragraph 2 and paragraph 3 of article 9 of this Federal Law, the amount of the basic part of the labor disability pension is established in the following amounts:

1) at III degree:

if there is one such family member - 5,441 rubles 80 kopecks per month;

if there are two such family members - 6,219 rubles 20 kopecks per month;

if there are three or more such family members - 6,996 rubles 60 kopecks per month;

2) at II degree:

if there is one such family member - 3,109 rubles 60 kopecks per month;

if there are two such family members - 3,887 rubles per month;

if there are three or more such family members - 4,664 rubles 40 kopecks per month;

3) at the I degree:

if there is one such family member - 1,943 rubles 50 kopecks per month;

if there are two such family members - 2,720 rubles 90 kopecks per month;

if there are three or more such family members - 3,498 rubles 30 kopecks per month.

(Clause 2.5 as amended by Federal Law No. 312-FZ of December 1, 2007)

2.6. The basic part of the labor disability pension is established in the amounts specified in paragraphs 2.2 - 2.5 of this article, regardless of the place of residence of the citizen.
(Clause 2.6 was introduced by Federal Law No. 312-FZ of December 1, 2007)

2.7. Citizens who have the right to increase the size of the basic part of the labor disability pension by the appropriate regional coefficient in accordance with paragraph 2.1 of this article and at the same time to the basic part of the labor disability pension in the amounts provided for in paragraphs 2.2 - 2.5 of this article, at the choice of the citizen, either the basic part of the labor disability pension in the amounts specified in paragraphs 1 - 2 of this article, using paragraph 2.1 of this article, or the establishment of the basic part of the labor disability pension in the amounts specified in paragraphs 2.2 - 2.5 of this article.
(Clause 2.7 was introduced by Federal Law No. 312-FZ of December 1, 2007)

3. The amount of the insurance part of the labor disability pension is determined by the formula:

MF \u003d PC / (T x K), where

SCH - the insurance part of the labor pension;

PC - the amount of the estimated pension capital of the insured person, taken into account as of the day from which the insurance part of the labor pension is assigned to him;

T is the number of months of the expected period for the payment of an old-age labor pension (Item 5 of Article 14 of this Federal Law);

K - the ratio of the standard duration of the insurance period (in months) as of the specified date to 180 months. The standard duration of the insurance period until the disabled person reaches the age of 19 is 12 months and increases by 4 months for each full year of age, starting from 19 years, but not more than 180 months.

5. The amount of the funded part of the labor disability pension is determined by the formula:

LF = PN / T, where

NP - the funded part of the labor pension;

PN - the amount of pension savings of the insured person, recorded in the special part of his individual personal account as of the day from which the funded part of the labor pension is assigned to the specified person;

T is the number of months of the expected period for the payment of an old-age labor pension (Item 9 of Article 14 of this Federal Law).

6. In the event of an indefinite establishment of the insurance part and (or) the funded part of the labor disability pension, the funds reflected in the individual personal account and (or) in its special part are not taken into account when recalculating the corresponding part of the specified pension on the grounds provided for in paragraphs 3 and 10 Article 17 of this Federal Law, and indexation of the calculated pension capital provided for in paragraph 8 of Article 30 of this Federal Law.

In the event that the insurance part and (or) the funded part of the labor disability pension for a certain period is established (subparagraph 2 of paragraph 6 of Article 19 of this Federal Law) when recalculating the corresponding part of the specified pension on the grounds provided for in paragraphs 3 and 10 of Article 17 of this Federal Law, and indexation of the calculated pension capital, provided for by Clause 8 of Article 30 of this Federal Law, does not take into account that part of the funds reflected in the individual personal account and (or) in its special part, which corresponds to the duration of the period for which the specified parts of the specified pension are established.

7. The size of the labor disability pension is determined by the formula:

P \u003d warhead + midrange + bass, where

P - the size of the labor disability pension;

BC - the basic part of the labor disability pension (paragraphs 1 - 2.5 of this article);

(as amended by Federal Laws No. 154-FZ of November 29, 2003, No. 312-FZ of December 1, 2007)

SC - the insurance part of the labor disability pension (paragraph 3 of this article);

NC - the funded part of the labor disability pension (paragraph 5 of this article).

Article 16

1. The size of the basic part of the labor pension in case of loss of a breadwinner is established in the following amounts:

children specified in subparagraph 1 of paragraph 2 of Article 9 of this Federal Law who have lost both parents, or children of a deceased single mother (orphans) - 1,794 rubles per month (for each child);

other disabled members of the family of the deceased breadwinner, specified in paragraph 2 of Article 9 of this Federal Law - 897 rubles per month (for each family member).
(Clause 1 as amended by Federal Law No. 244-FZ of November 1, 2007)

1.1. The amount of the basic part of the labor pension in case of loss of a breadwinner for persons living in the regions of the Far North and areas equated to them is increased by the appropriate regional 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 areas (localities).

When citizens leave the regions of the Far North and areas equated to them for a new place of residence, the size of the basic part of the labor pension in the event of the loss of a breadwinner is determined in accordance with paragraph 1 of this article.

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, the size of the basic part of the labor pension in case of loss of a breadwinner is determined taking into account the size of the regional coefficient for the new place of residence.

2. The amount of the insurance part of the labor pension in case of loss of a breadwinner for each disabled family member is determined by the formula:

MF \u003d PC / (T x K) / KN, where

SCH - the insurance part of the labor pension in case of loss of the breadwinner;

PC - the amount of the estimated pension capital of the deceased breadwinner, taken into account as of the day of his death;

T - the number of months of the expected period for the payment of an old-age pension (Item 5 of Article 14 of this Federal Law);

K - the ratio of the normative duration of the insurance experience of the breadwinner (in months) as of the day of his death to 180 months. The normative duration of the insurance period until the deceased breadwinner reaches the age of 19 is 12 months and increases by 4 months for each full year of age, starting from 19 years, but not more than 180 months;

KN - the number of disabled members of the family of the deceased breadwinner who are recipients of the specified pensions established in connection with the death of this breadwinner as of the day from which the labor pension is assigned in the event of the loss of the breadwinner to the corresponding disabled family member.

If the survivor's labor pension is established in connection with the death of a person who, on the day of death, was established the insurance part of the old-age labor pension or the insurance part of the labor pension for disability, the amount of the insurance part of the labor pension in the event of the loss of the breadwinner for each disabled member family is determined by the formula:

MF \u003d MF / KN, where

SCh - the size of the insurance part of the labor pension in case of loss of the breadwinner;

SChp - the amount of the insurance part of the old-age labor pension or disability labor pension, established for the deceased breadwinner as of the day of his death.

The amount of the insurance part of the labor pension in case of loss of the breadwinner cannot be less than the amount of the insurance part of the labor pension in case of loss of the breadwinner, which was originally assigned to other members of the family of the deceased breadwinner in connection with the death of the same breadwinner.

3. The size of the labor pension in case of loss of a breadwinner is determined by the formula:

P \u003d warhead + midrange, where

P - the size of the labor pension on the occasion of the loss of the breadwinner;

BC - the basic part of the labor pension in the event of the loss of a breadwinner (paragraphs 1 - 1.1 of this article);

SC - the insurance part of the labor pension in case of loss of the breadwinner (paragraph 2 of this article).

5. When establishing the size of the labor pension in case of loss of a breadwinner, which includes the size of the insurance part of the specified pension, the funds recorded on the individual personal account of the deceased breadwinner are debited from the specified account, and the account is closed.

6. In the case provided for by Clause 12 of Article 9 of this Federal Law, the persons indicated in the application of the insured person on the procedure for distributing the funds accounted for in the special part of the individual personal account are paid the said funds.

In the absence of the specified application of the insured person, the payment is made to his relatives, which include his children, including adopted children, spouse, parents (adoptive parents), brothers, sisters, grandfathers, grandmothers and grandchildren, regardless of age and state of working capacity, in the following sequence:

1) first of all - to children, including adopted children, spouse and parents (adoptive parents);

2) in the second place - brothers, sisters, grandfathers, grandmothers and grandchildren.

The payment of funds to the relatives of the deceased breadwinner of one stage is carried out in equal shares. Relatives of the second stage are entitled to receive funds recorded in the special part of the individual personal account of the deceased breadwinner, only in the absence of relatives of the first stage.

If the insured person does not have relatives specified in this paragraph, these funds are included in the pension reserve. In this case, the special part of the individual personal account of the insured person is closed.

Article 17. Determination, recalculation, indexation and adjustment of labor pensions

1. The amount of a labor pension is determined on the basis of the relevant data at the disposal of the body providing pensions, as of the day on which this body makes a decision on the appointment of a labor pension, and in accordance with the regulatory legal acts in force on that day.

2. In cases where a pensioner reaches the age of 80, changes in the degree of limitation of the ability to work, the number of disabled family members or the category of recipients of a labor pension in the event of the loss of a breadwinner, as well as the availability of the necessary work experience in the Far North and equivalent areas and insurance experience an appropriate recalculation of the size of the basic parts of the old-age labor pension, labor disability pension and labor pension in case of loss of the breadwinner is carried out.
(Clause 2 as amended by Federal Law No. 312-FZ of December 1, 2007)

3. A person (with the exception of persons entitled to establish a share of the insurance part of a labor pension in accordance with Article 17.1 of this Federal Law and who applied for its establishment), who carried out work and (or) other activities, which are provided for in Article 10 of this Federal Law, is not less than within 12 full months from the date of assignment of the insurance part of the old-age labor pension or the insurance part of the labor disability pension or from the date of the previous recalculation of the size of the specified part of the relevant labor pension in accordance with this paragraph, upon his application, the amount of the insurance part of the labor pension is recalculated according to old age or the insurance part of the labor disability pension.
(as amended by Federal Law No. 156-FZ of July 22, 2008)

The amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension is recalculated according to the formula:

MF \u003d MFp + PKp / (T x K), where

SCH - the amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension;

SChp - the established amount of the insurance part of the old-age labor pension or the insurance part of the labor disability pension as of the day immediately preceding the day from which the corresponding recalculation is made;

Pkp - the amount of the estimated pension capital as of the day from which the corresponding recalculation is made;

T - the number of months of the expected period for the payment of an old-age labor pension (clause 7 of Article 14 of this Federal Law) or a labor disability pension as of the day immediately preceding the day from which the corresponding recalculation is made;

K - coefficient for calculating the size of the old-age labor pension, equal to 1, and for calculating the size of the labor disability pension - the ratio specified in paragraph 3 of Article 15 of this Federal Law. In this case, the standard duration of the insurance period of a disabled person is taken into account as of the day from which the corresponding recalculation is made.

4. If a pensioner refuses to receive the insurance part of the old-age labor pension established for him (in full or in the part determined by him) not less than within 12 full months from the date of assignment of the insurance part of the old-age labor pension or from the date of the previous recalculation of the size of this part of the specified pension, carried out in accordance with this paragraph, upon his application, the amount of the insurance part of the old-age labor pension is recalculated. At the same time, the sums of the insurance part of the old-age labor pension not received by the pensioner for the specified period are subject to crediting to his individual personal account.

The amount of the insurance part of the old-age labor pension is recalculated according to the formula specified in paragraph 3 of this article.

5. The amount of the insurance part of the labor pension is subject to adjustment, taking into account the clarification, according to the data of the individual (personalized) accounting in the compulsory pension insurance system, of information previously provided by the insured about the amount of insurance premiums paid by him to the Pension Fund of the Russian Federation, taken into account when determining the amount of the estimated pension capital to calculate the amount of this part of the specified pension. Such an adjustment is made from July 1 of the year following the year in which the assignment of the labor pension or the recalculation of the size of the labor pension falls, in accordance with paragraphs 3 and 4 of this article.

6. The size of the basic part of the labor pension is indexed to the rate of inflation growth within the funds provided for these purposes in the federal budget and the budget of the Pension Fund of the Russian Federation for the corresponding financial year.

The indexation coefficient and its frequency are determined by the Government of the Russian Federation.

The size of the basic parts of the old-age labor pension, the labor disability pension and the labor pension in case of loss of the breadwinner, provided for in Articles 14-16 of this Federal Law, along with the indexation carried out in accordance with this Article, may, in order to gradually approach the subsistence level of a pensioner be established by separate federal laws simultaneously with the adoption of the federal law on the federal budget for the corresponding financial year.

7. The amount of the insurance part of the labor pension is indexed in the following order:

1) with an increase in prices for each calendar quarter by at least 6 percent - once every three months from the 1st day of the month following the first month of the next quarter, that is, from February 1, May 1, August 1 and November 1 ;

2) at a lower level of price growth, but not less than 6 percent for each half-year - once every six months, that is, from August 1 and February 1, if during the corresponding half-year indexation was not carried out in accordance with subparagraph 1 of this paragraph;

3) in case of price growth for the corresponding half-year by less than 6 percent - once a year from February 1, if indexation was not carried out during the year in accordance with subparagraphs 1 and 2 of this paragraph;

4) the coefficient of indexation of the amount of the insurance part of the labor pension is determined by the Government of the Russian Federation based on the level of price growth for the corresponding period;
(As amended by Federal Law No. 244-FZ of November 1, 2007)

5) in the event that the annual growth index of the average monthly wage in the Russian Federation exceeds the total coefficient of the indexation of the size of the insurance part of the labor pension in the same year (subparagraphs 1 - 3 of this paragraph), from April 1 of the next year, an additional increase in the size of the insurance part of the labor pensions for the difference between the annual growth index of the average monthly wage in the Russian Federation and the specified coefficient. At the same time, an additional increase in the size of the insurance part of the labor pension (taking into account the earlier indexation of the specified part of the labor pension) cannot exceed the income growth index of the Pension Fund of the Russian Federation per pensioner allocated for the payment of the insurance part of labor pensions.

8. The annual growth index of average monthly wages in the Russian Federation and the index of income growth of the Pension Fund of the Russian Federation per one pensioner allocated for the payment of the insurance part of labor pensions (subparagraph 5 of paragraph 7 of this article) are determined by the Government of the Russian Federation.

9. The amount of the funded part of the labor pension is subject to annual indexation from July 1 of the year following the year in which it was appointed or recalculated in accordance with paragraph 10 of this article, taking into account income from investing pension savings and changes in the expected period for the payment of labor pensions according to old age (Item 9 of Article 14 of this Federal Law).

10. For persons who carried out work and (or) other activities provided for in Article 10 of this Federal Law, after the appointment of the funded part of the old-age labor pension, once every three years, the amount of the specified part of the labor pension is recalculated, taking into account additional pension savings reflected in the special part of the individual personal account, for the period that has elapsed from the date of the appointment of the specified part of the specified pension, or from the date of the last recalculation of its amount, made in accordance with this paragraph.

The amount of the funded part of the labor pension is recalculated according to the formula:

LF \u003d LFp + PNp / T, where

LF - the size of the funded part of the labor pension;

NCHp - the established amount of the funded part of the labor pension as of the day immediately preceding the day from which the corresponding recalculation is made;

PNP - the amount of additional pension savings received by the Pension Fund of the Russian Federation and accounted for in the special part of the individual personal account for the period that has elapsed from the date of the appointment of the funded part of the labor pension, or from the date of the last recalculation of the size of this part of the labor pension, made in accordance with this paragraph;

T - the number of months of the expected period for the payment of an old-age labor pension (clause 9 of Article 14 of this Federal Law), determined as of the day from which the said recalculation is made.

Article 17.1. The share of the insurance part of the labor pension, established for the seniority pension for federal civil servants

(Introduced by Federal Law No. 156-FZ of July 22, 2008)

1. Federal civil servants who have at least five years of insurance experience, which includes the periods specified in clause 2 of this article, upon their application (instead of recalculating the insurance part of the corresponding labor pension provided for in clause 3 of article 17 of this Federal Law) are entitled to receiving a share of the insurance part of the labor pension, established to the pension for long service, received in accordance with the Federal Law "On State Pension Provision in the Russian Federation", based on the estimated pension capital formed from the total amount of insurance premiums received by the insured person in the Pension Fund of the Russian Federation after the appointment of a pension for years of service for a period of at least 12 full months of work and (or) other activities. When establishing the share of the insurance part of the labor pension, the said insurance premiums may not be used for the purpose of recalculating the insurance part of the relevant labor pension, as provided for in Clause 3 of Article 17 of this Federal Law.

2. The length of service provided for in paragraph 1 of this article includes periods of work and (or) other activities provided for in Article 10 of this Federal Law, including periods of service taken into account when calculating the length of service in public service for the appointment of a pension for long service in accordance with article 19 of the Federal Law "On State Pension Provision in the Russian Federation", and the periods of work and (or) other activities taken into account for the appointment of an old-age labor pension or a labor disability pension, to which a long service pension was established.

3. The size of the share of the insurance part of the labor pension is determined by the formula:

SD = PKd / T, where

SD - the size of the share of the insurance part of the labor pension;

PKd - the amount of the estimated pension capital of the insured person, taken into account for the period from the date of awarding a pension for long service in accordance with the Federal Law "On State Pension Provision in the Russian Federation" until the day from which the share of the insurance part of the labor pension is established for the specified person;

T - the number of months of the expected period for the payment of an old-age labor pension (clause 5 of Article 14 of this Federal Law) as of the day immediately preceding the day from which the share of the insurance part of the labor pension is determined.

4. The share of the insurance part of the labor pension provided for by this article is subject to the rules for adjustment, indexation and additional increase, as well as the procedure for appointment (including the terms of appointment), recalculation of the amount, payment (including transfer outside the territory of the Russian Federation) and delivery, which are established by this Federal Law for the insurance part of the old-age labor pension.

Chapter V. ASSIGNMENT, RECALCULATION, PAYMENT AND DELIVERY OF LABOR PENSIONS

Article 18

1. Assignment, recalculation and payment of labor pensions, including the organization of their delivery, are carried out by the body providing pensions in accordance with the Federal Law "On Compulsory Pension Insurance in the Russian Federation", at the place of residence of the person who applied for a labor pension. When a pensioner changes his place of residence, the payment of a labor pension, including the organization of its delivery, is carried out at his new place of residence or place of stay on the basis of a pension file and registration documents issued in the prescribed manner by registration authorities.

2. The list of documents required for establishing a labor pension, the rules for applying for the specified pension, its assignment and recalculation of the amount of the specified pension, including for persons who do not have a permanent place of residence on the territory of the Russian Federation, transfer from one type of pension to another, payment of this pensions, maintenance of pension documentation are established in the manner determined by the Government of the Russian Federation.

3. The body providing pensions shall have the right to demand from individuals and legal entities to provide the documents necessary for the appointment, recalculation of the amount and payment of labor pensions, and also to check, in appropriate cases, the validity of the issuance of these documents.

4. The payment of a labor pension, including to working pensioners, is made in the established amount without any restrictions directly by the body providing pensions, or by the organization of the federal postal service, credit or other organization at the request of the pensioner.

5. The delivery of a labor pension to the place of residence or place of stay of a pensioner is carried out at the expense of the sources from which the corresponding labor pension (part of the labor pension) is financed, and is carried out at the request of the pensioner by the body providing pensions, the organization of the federal postal service, a credit or other organization.

6. At the request of a pensioner, a labor pension may be paid by a power of attorney issued in the manner prescribed by the legislation of the Russian Federation. Payment of the specified pension by proxy, the validity of which exceeds one year, is made during the entire period of validity of the power of attorney, subject to annual confirmation by the pensioner of the fact of his registration at the place of receipt of the labor pension in accordance with paragraph 1 of this article.

7. Decisions on the establishment or refusal to establish a labor pension, on the payment of the specified pension, on deductions from this pension and on the recovery of overpaid amounts of such a pension may be appealed to a higher pension body (in relation to the body that made the relevant decision) and (or ) to court.

Article 19

1. A labor pension (part of a labor pension) shall be granted from the date of applying for the specified pension (for the specified part of the labor pension), except for the cases provided for in paragraph 4 of this article, but in all cases not earlier than from the day the right to the specified pension (specified part of the labor pension).

2. The day of applying for a labor pension (part of a labor pension) is the day of receipt by the body providing pensions of the relevant application with all the necessary documents. If the specified application is sent by mail and all the necessary documents are attached to it, then the day of applying for a labor pension (part of the labor pension) is the date indicated on the postmark of the federal postal organization at the place of sending this application.

3. In the event that the data of individual (personalized) accounting in the system of compulsory pension insurance do not contain the information necessary for assigning a labor pension and (or) not all the necessary documents are attached to the application, the body providing pensions shall give the person who applied for a labor pension , an explanation of what documents he must submit additionally. If such documents are submitted no later than three months from the date of receipt of the relevant explanation, the day of applying for a labor pension (part of a labor pension) is considered the day of receipt of an application for the appointment of a labor pension (part of a labor pension) or the date indicated on the postmark of the organization of the federal postal contact at the place of sending this application.

4. A labor pension (part of a labor pension) shall be assigned earlier than the day of applying for a labor pension (part of a labor pension) specified in paragraph 2 of this article in the following cases:

1) an old-age labor pension (a part of an old-age labor pension) - from the day following the day of dismissal from work, if the application for the specified pension (the specified part of the labor pension) followed no later than 30 days from the date of dismissal from work;

2) labor disability pension (part of the labor disability pension) - from the day the person was recognized as disabled, if the application for the specified pension (the specified part of the labor pension) followed no later than 12 months from this day;

3) labor pension on the occasion of the loss of the breadwinner - from the day of the death of the breadwinner, if the application for the specified pension followed no later than 12 months from the date of his death, and if this period was exceeded - 12 months earlier than the day when the application for the specified pension followed .

5. An application for the appointment of a labor pension (part of a labor pension), an application for transfer to a labor pension or an application for a transfer from one type of labor pension to another is considered no later than 10 days from the date of receipt of this application or from the date of submission of additional documents in accordance with with paragraph 3 of this article. In case of refusal to satisfy the specified application, the body providing pensions, no later than five days after the adoption of the relevant decision, notifies the applicant about this, indicating the reason for the refusal and the procedure for appealing it, and at the same time returns all documents.

6. Labor pensions (parts of labor pensions) are assigned for the following terms:

1) old-age labor pension (part of the said labor pension) - indefinitely;

2) disability labor pension (part of said labor pension) - for the period during which the relevant person was recognized as disabled, including indefinitely;

3) labor pension in case of loss of a breadwinner - for the period during which the relevant person is considered incapacitated for work, including indefinitely.

7. The transfer from one type of labor pension to another, as well as from another pension established in accordance with the legislation of the Russian Federation, to a labor pension is made from the 1st day of the month following the month in which the pensioner submitted an application for transfer from one type of labor pension to another or from another pension to a labor pension with all the necessary documents (if they are not in his pension file), but not earlier than the day of acquiring the right to a labor pension or other pension.

Article 20

1. The recalculation of the amount of the labor pension (part of the labor pension) in accordance with paragraphs 2 - 4 of Article 17 of this Federal Law, except for the cases provided for in paragraph 3 of this article, is carried out:

from the 1st day of the month following the month in which circumstances occurred that entailed the recalculation of the size of the labor pension downward;

from the 1st day of the month following the month in which the pensioner's application for recalculating the size of the labor pension (part of the labor pension) upwards was accepted.

2. A pensioner's application for the recalculation of the size of the labor pension (part of the labor pension) is accepted provided that he simultaneously submits all the documents necessary for such recalculation.

3. The recalculation of the amount of the basic part of the old-age labor pension and the labor disability pension in connection with a change in the degree of limitation of the ability to work is carried out in the following order:

1) in case of establishing a higher degree of limitation of the ability to work - from the day the relevant decision is made by the body of the State Service for Medical and Social Expertise;

2) when establishing a lower degree of limitation of the ability to work - from the 1st day of the month following the month for which the previous degree of limitation of the ability to work was established.

The recalculation of the size of the basic part of the old-age labor pension in connection with the pensioner reaching the age of 80 years is made from the day the pensioner reaches the specified age.

4. The pensioner's application for the recalculation of the amount of the labor pension (part of the labor pension) is considered no later than five days from the date of receipt of the said application with all the necessary documents. In case of refusal to satisfy this application, the body providing pensions, not later than five days from the date of the relevant decision, notifies the applicant of this, indicating the reason for the refusal and the procedure for appealing, and simultaneously returns all documents.

5. The recalculation of the amount of the funded part of the labor pension (clause 10 of Article 17 of this Federal Law) is carried out by the body providing pensions, without requesting a corresponding application from the pensioner from the 1st day of the month following the month in which the three-year period expires from the date of appointment, or from the date of the last recalculation of the size of this part of the labor pension in accordance with the specified paragraph.

Article 21. Suspension and resumption of payment of labor pension

1. Payment of labor pension (part of labor pension) shall be suspended in the following cases:

1) in case of non-receipt of the established labor pension (part of the labor pension) for six consecutive months - for the entire period of non-receipt of the specified pension (the specified part of the labor pension) starting from the 1st day of the month following the month in which the specified period expired;

2) if the disabled person does not appear within the appointed time for re-examination at the body of the State Service for Medical and Social Expertise - for three months starting from the 1st day of the month following the month in which the specified period expired. Upon the expiration of the said three months, the payment of this pension (part of this labor pension) shall be terminated in accordance with subparagraph 3 of paragraph 1 of Article 22 of this Federal Law.

2. If the circumstances specified in paragraph 1 of this article are eliminated, the payment of the labor pension (part of the labor pension) shall be resumed in the same amount as it was paid on the day the payment was suspended. After the resumption of payment of the specified pension (part of the specified pension), its amount is subject to recalculation on the grounds and in the manner provided for in Articles 17 and 20 of this Federal Law.

3. The resumption of payment of labor pension (part of labor pension) is made from the 1st day of the month following the month in which the body providing pensions received the relevant application for the resumption of payment of labor pension (part of labor pension) and documents, with the exception of cases provided for in paragraphs 4 and 5 of this article. In this case, the pensioner shall be paid the sums of the specified pension (the specified part of the labor pension) that he did not receive for the entire time during which the payment of the specified pension (the specified part of the labor pension) was suspended.

4. In the event that a person undergoes a re-examination in the body of the State Service for Medical and Social Expertise and confirms his disability before the expiration of the period established by subparagraph 2 of paragraph 1 of this article, the payment of a labor pension (part of a labor pension) for disability is resumed from the day from which this person again recognized as disabled.

5. In cases where a person misses the period of re-examination for a good reason, determined by the body of the State Service for Medical and Social Expertise, and the said body establishes disability with limited ability to work III, II or I degree for the past time, the payment of a labor pension (part of a labor pension) according to disability resumes from the day from which the person concerned was again recognized as disabled, regardless of the period that has elapsed since the suspension of payment of the labor pension (part of the labor pension). If during the re-examination a different degree of limitation of the ability to work is established (higher or lower), then the payment of this pension (part of the labor pension) is resumed for the specified time according to the previous degree of limitation of the ability to work.

Article 22. Termination and restoration of payment of labor pension

1. Payment of labor pension (part of labor pension) shall be terminated:

1) in the event of the death of a pensioner, as well as in the event that he is declared dead or missing in accordance with the established procedure - from the 1st day of the month following the month in which the death of the pensioner occurred or the decision on declaring him dead or the decision on recognizing him his missing person;

2) upon the expiration of six months from the date of suspension of the payment of a labor pension in accordance with subparagraph 1 of paragraph 1 of Article 21 of this Federal Law - from the 1st day of the month following the month in which the specified period expired;

3) in case of loss by a pensioner of the right to the labor pension assigned to him (part of the labor pension) (discovery of circumstances or documents refuting the accuracy of the information submitted in support of the right to the specified pension; of the breadwinner; employment (resumption of other activities subject to inclusion in the insurance period) of persons provided for in subparagraph 2 of paragraph 2 of Article 9 of this Federal Law) - from the 1st day of the month following the month in which the above circumstances or documents are discovered , or the period of disability has expired, or the working capacity of the person concerned has come.

2. Payment of labor pension (part of labor pension) shall be restored:

1) in case of cancellation of the decision to recognize the pensioner as dead or the decision to recognize the pensioner as missing - from the 1st day of the month following the month in which the relevant decision came into force;

2) at the request of the pensioner in the event of the occurrence of new circumstances or proper confirmation of the previous circumstances giving the right to establish a labor pension (part of the labor pension), if no more than 10 years have passed from the date of termination of the payment of the specified pension (the specified part of the labor pension), - from 1 on the 1st day of the month following the month in which the pension provider received an application for the restoration of the payment of this pension (part of this pension) and all necessary documents.

3. Termination or restoration of the payment of the insurance part of the old-age labor pension in the event that the pensioner refuses to receive it on the basis of paragraph 4 of Article 17 of this Federal Law shall be made from the 1st day of the month following the month in which the body providing pensions received the relevant application of the pensioner and all necessary documents.

4. When the payment of a labor pension (part of a labor pension) is restored, the right to a labor pension (part of a labor pension) shall not be revised. In this case, the amount of the specified pension (the specified part of the labor pension) is determined anew, taking into account paragraphs 2 - 5 of Article 17 and Article 20 of this Federal Law.

Article 23. Terms of payment and delivery of labor pension

1. The payment of a labor pension, including its delivery, is made for the current month.

2. The accrued amounts of the basic part and the insurance part of the labor pension, the payment of which was suspended by the body providing pensions, and which were not claimed by the pensioner in a timely manner, are paid to him for the past time, but not more than three years preceding the moment of applying for the accrued labor pension. A labor pension (part of a labor pension) not received by a pensioner in a timely manner due to the fault of the body providing pensions is paid to him for the past time without limitation by any period.

3. The accrued amounts of the labor pension due to the pensioner in the current month and remaining not received due to his death in the specified month are not included in the inheritance and are paid to those members of his family who are related to the persons specified in paragraph 2 of Article 9 of this Federal Law. of the law, and lived together with this pensioner on the day of his death, if the application for the unreceived amounts of the specified pension followed no later than six months from the date of death of the pensioner. When several family members apply for the indicated amounts of the labor pension, the amounts of the labor pension due to them are divided equally among them.

4. The pensioner is obliged to immediately notify the body providing pensions on the occurrence of circumstances that entail a change in the size of the labor pension or the termination of its payment.

Article 24

1. A person leaving for permanent residence outside the territory of the Russian Federation, before leaving, at his request, shall be paid the amount of the labor pension (part of the labor pension) assigned to him in accordance with this Federal Law in rubles for six months in advance.

2. On the basis of a written application of a person who has left for permanent residence outside the territory of the Russian Federation, the amount of the labor pension assigned to him (part of the labor pension) may be paid on the territory of the Russian Federation in rubles by proxy or by crediting to his account in a bank or other credit organization or it can be transferred abroad in foreign currency at the ruble exchange rate established by the Central Bank of the Russian Federation on the day of this operation. In this case, the transfer is made starting from the month following the month of departure of this person outside the territory of the Russian Federation, but not earlier than from the day until which the pension in rubles was paid.

3. The procedure for paying labor pensions to persons leaving (leaving) for permanent residence outside the territory of the Russian Federation is established by the Government of the Russian Federation.

4. When the persons referred to in paragraphs 1 and 2 of this article return for permanent residence in the Russian Federation, the amounts of the labor pension assigned to them (part of the labor pension) that they did not receive during their residence outside the territory of the Russian Federation are paid for the past time, but not more than three years preceding the day of applying for the specified pension (part of the labor pension).

Article 25

1. Individuals and legal entities are responsible for the accuracy of the information contained in the documents submitted by them for the establishment and payment of a labor pension, and employers, in addition, for the accuracy of the information submitted for maintaining individual (personalized) records in the system of compulsory pension insurance.

2. If the submission of false information or untimely submission of the information provided for in Clause 4 of Article 23 of this Federal Law resulted in an overexpenditure of funds for the payment of labor pensions, the guilty persons shall compensate the Pension Fund of the Russian Federation for the damage caused in the manner established by the legislation of the Russian Federation.

3. In cases of non-fulfillment or improper fulfillment of the obligations specified in paragraph 1 of this article, and in connection with the payment of excessive amounts of labor pension, the employer and the pensioner shall compensate the pension body paying the labor pension for the damage caused in the manner established by the legislation of the Russian Federation.

Article 26

1. Deductions from the labor pension are made on the basis of:

1) executive documents;

2) decisions of the bodies providing pensions to recover the amounts of labor pensions overpaid to a pensioner in connection with a violation of paragraph 4 of Article 23 of this Federal Law;

3) court decisions on the recovery of the amount of labor pensions due to abuse by the pensioner, established in court.

2. Deductions are made in the amount calculated from the size of the established labor pension.

3. No more than 50 percent, and in cases established by the legislation of the Russian Federation, no more than 70 percent of the labor pension may be withheld. Deductions on the basis of decisions of the bodies providing pensions are made in an amount not exceeding 20 percent of the labor pension.

4. In the event of termination of the payment of a labor pension before the full repayment of the debt on the overpaid amounts of the specified pension, withheld on the basis of decisions of the bodies providing pension provision, the remaining debt shall be recovered in court.

5. In the event that not all parts of the labor pension provided for by this Federal Law are established for the person, the deductions from the labor pension specified in this article are made from the established parts of this pension.

Chapter VI. PROCEDURE FOR PRESERVATION AND CONVERSION (TRANSFORMATION) OF PREVIOUSLY ACQUIRED RIGHTS

Article 27

1. An old-age labor pension is assigned before reaching the age established by Article 7 of this Federal Law, to the following persons:

1) men upon reaching the age of 50 years and women upon reaching the age of 45 years, if they have worked, respectively, for at least 10 years and 7 years and 6 months in underground work, in work with harmful working conditions and in hot shops and have an insurance record of at least 20 and 15 years old.

In the event that the said persons have worked at the listed jobs for at least half of the period established above and have the required length of insurance experience, they are assigned a labor pension with a decrease in the age established by Article 7 of this Federal Law by one year for each full year of such work - for men and women;

The provisions of subparagraph 2 of paragraph 1 of Article 27 are subject to application in accordance with their constitutional and legal meaning, identified in the ruling of the Constitutional Court of the Russian Federation of March 6, 2003 N 107-O.

2) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in jobs with difficult working conditions for at least 12 years, 6 months and 10 years, respectively, and have an insurance record of at least 25 and 20 years, respectively.

In the event that these persons have worked at the listed jobs for at least half of the established period and have the required length of insurance experience, a labor pension is assigned to them with a decrease in the age provided for in Article 7 of this Federal Law by one year for every 2 years and 6 months of such work for men and for every 2 years of such work for women;

3) women upon reaching the age of 50 if they have worked as tractor drivers in agriculture, other sectors of the economy, as well as as drivers of construction, road and loading and unloading machines for at least 15 years and have an insurance record of at least 20 years ;

4) women upon reaching the age of 50 years, if they have worked for at least 20 years in the textile industry in jobs with increased intensity and severity;

5) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked, respectively, for at least 12 years, 6 months and 10 years as working locomotive crews and workers of certain categories directly organizing transportation and ensuring traffic safety on railway transport and the subway, as well as drivers of trucks directly in the technological process in mines, cuts, mines or ore quarries for the export of coal, shale, ore, rocks and have an insurance record of at least 25 and 20 years, respectively;

6) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked, respectively, for at least 12 years, 6 months and 10 years in expeditions, parties, detachments, in areas and in brigades directly on field geological exploration, prospecting, topographic and geodetic, geophysical, hydrographic, hydrological, forest management and survey works and have an insurance record of at least 25 and 20 years, respectively;

7) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they have worked, respectively, for at least 12 years, 6 months and 10 years as workers, foremen (including seniors) directly at logging and timber rafting, including maintenance of mechanisms and equipment, and have insurance experience of at least 25 and 20 years, respectively;

8) for men upon reaching the age of 55, for women upon reaching the age of 50, if they have worked respectively for at least 20 and 15 years as machine operators (docker-machine operators) of integrated teams in loading and unloading operations in ports and have an insurance record of at least 25 and 20 years old:

9) for men upon reaching the age of 55, for women upon reaching the age of 50, if they have worked respectively for at least 12 years, 6 months and 10 years as seafarers on ships of the sea, river fleet and fishing fleet (with the exception of port ships permanently working in water areas of the port, service and auxiliary and crew vessels, suburban and intracity ships) and have an insurance record of at least 25 and 20 years, respectively;

10) men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked as drivers of buses, trolleybuses, trams on regular urban passenger routes for at least 20 and 15 years, respectively, and have an insurance record of at least 25 and 20 years, respectively ;

11) persons directly employed full-time in underground and open-cast mining (including personnel of mine rescue units) in the extraction of coal, shale, ore and other minerals and in the construction of mines and mines, regardless of age, if they worked in these jobs at least 25 years old, and for workers of leading professions - stope miners, drifters, jackhammers, mining machine operators, if they have worked in such jobs for at least 20 years;

12) men and women who have worked, respectively, for at least 25 and 20 years on ships of the marine fleet of the fishing industry in the work of extracting, processing fish and seafood, receiving finished products in the fishery (regardless of the nature of the work performed), as well as on certain types of ships of the sea , river fleet and fleet of the fishing industry;

13) men who have worked for at least 25 years, and women who have worked for at least 20 years in the flight crew of civil aviation, and when leaving flight work for health reasons - men who have worked for at least 20 years, and women who have worked for at least 15 years in the specified composition of civil aviation;

14) men upon reaching the age of 55 and women upon reaching the age of 50, if they have worked in the direct control of civil aviation flights for at least 12 years 6 months and at least 10 years, respectively, and have an insurance record of at least 25 and 20 years;

15) men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in the engineering and technical staff in the direct maintenance of civil aviation aircraft for at least 20 and 15 years, respectively, and have an insurance record in civil aviation, respectively, of at least 25 and 20 years old;

16) persons who have worked for at least 15 years as rescuers in professional emergency rescue services, professional emergency rescue units of the Ministry of the Russian Federation for Civil Defense, Emergencies and Disaster Relief and participated in the elimination of emergency situations, upon reaching the age of 40 years or regardless of age;
(Item 16 was introduced by Federal Law No. 319-FZ of December 30, 2008)

17) men upon reaching the age of 55 years, women upon reaching the age of 50 years, if they were employed at work with convicts as workers and employees of institutions executing criminal penalties in the form of deprivation of liberty, respectively, for at least 15 and 10 years and have an insurance record at least 25 and 20 years respectively;
(Item 17 was introduced by Federal Law No. 319-FZ of December 30, 2008)

18) men and women upon reaching the age of 50, if they have worked for at least 25 years in the positions of the State Fire Service (fire brigade, fire fighting and emergency rescue services) of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters;
(Item 18 was introduced by Federal Law No. 319-FZ of December 30, 2008)

19) persons who have been carrying out pedagogical activities in institutions for children for at least 25 years, regardless of their age;
(Item 19 was introduced by Federal Law No. 319-FZ of December 30, 2008)

20) persons who have been carrying out medical and other activities to protect the health of the population in healthcare institutions for at least 25 years in rural areas and urban-type settlements and at least 30 years in cities, rural areas and urban-type settlements or only in cities, regardless of their age ;
(Item 20 was introduced by Federal Law No. 319-FZ of December 30, 2008)

21) persons who have been performing creative activities on stage in theaters or theater and entertainment organizations (depending on the nature of such activities) for at least 15-30 years and have reached the age of 50-55 years or regardless of age.
(Item 21 was introduced by Federal Law No. 319-FZ of December 30, 2008)

The provisions of paragraph 2 of Article 27 are subject to application in accordance with their constitutional and legal meaning, identified in the ruling of the Constitutional Court of the Russian Federation of March 6, 2003 N 107-O.

2. Lists of relevant jobs, industries, professions, positions, specialties and institutions (organizations), taking into account which an old-age labor pension is assigned in accordance with paragraph 1 of this article, the rules for calculating periods of work (activity) and the appointment of this pension, if necessary, are approved by the Government Russian Federation.

In the event of a change in the organizational and legal form of institutions (organizations) provided for in subparagraphs 19-21 of paragraph 1 of this article, while maintaining the same nature of professional activity in them, the identity of professional activity performed after changing the legal form of the relevant institution (organization), professional activity, carried out before such a change is established in the manner determined by the Government of the Russian Federation.

(Clause 2 as amended by Federal Law No. 319-FZ of December 30, 2008)

The provisions of paragraph 3 of Article 27 shall be applied in accordance with their constitutional and legal meaning, identified in the rulings of the Constitutional Court of the Russian Federation of March 6, 2003 N 107-O and October 3, 2006 N 471-O.

3. The conditions for assigning an old-age labor pension provided for by paragraph 1 of this article, after the day the federal law on occupational pension systems enters into force, shall apply if, on the day the said Federal law comes into force, the insured person has worked out at least half of the length of service for relevant types of work, necessary for the establishment of an early retirement old-age pension. If these conditions are met, the insured persons are entitled to an old-age labor pension in accordance with this Federal Law. Persons who have worked in the relevant types of work for less than half of the required period, as well as those accepted to perform these works after the day the said Federal Law enters into force, are provided with occupational pensions regulated by the relevant federal law.
(Clause 3 as amended by Federal Law No. 319-FZ of December 30, 2008)

Article 28

1. An old-age labor pension is assigned before reaching the age established by Article 7 of this Federal Law to the following citizens:

1) women who have given birth to five or more children and raised them before they reach the age of 8 years, upon reaching the age of 50 years, if they have an insurance record of at least 15 years; one of the parents of disabled people from childhood who raised them until they reached the age of 8 years: for men upon reaching the age of 55 years, for women upon reaching the age of 50 years, if they have an insurance record of at least 20 and 15 years, respectively; to guardians of disabled people from childhood or to persons who were guardians of disabled people from childhood who raised them before they reached the age of 8 years old, an old-age labor pension is assigned with a decrease in the age provided for in Article 7 of this Federal Law by one year for every one year and six months of guardianship, but not more than five years in total, if they have insurance experience of at least 20 and 15 years, respectively, men and women;

2) women who have given birth to two or more children, upon reaching the age of 50, if they have an insurance record of at least 20 years and have worked for at least 12 calendar years in the regions of the Far North or at least 17 calendar years in areas equivalent to them;

3) disabled due to military trauma: men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have an insurance record of at least 25 and 20 years, respectively;

4) visually impaired persons with III degree disability: men upon reaching the age of 50 years and women upon reaching the age of 40 years, if they have insurance experience of at least 15 and 10 years, respectively;

5) citizens suffering from pituitary dwarfism (Lilliputians) and disproportionate dwarfs: men upon reaching the age of 45 years and women upon reaching the age of 40 years, if they have an insurance record of at least 20 and 15 years, respectively;

6) for men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked for at least 15 calendar years in the regions of the Far North or at least 20 calendar years in areas equivalent to them and have an insurance record of at least 25 and 20 years, respectively .

For citizens who worked both in the regions of the Far North and in areas equated to them, a labor pension is established for 15 calendar years of work in the Far North. At the same time, each calendar year of work in areas equivalent to the regions of the Far North is considered nine months of work in the regions of the Far North.

Citizens who have worked in the regions of the Far North for at least 7 years and 6 months are assigned a labor pension with a decrease in the age established by Article 7 of this Federal Law by four months for each full calendar year of work in these regions. When working in areas equated to areas of the Far North, as well as in these areas and areas of the Far North, the provision of the second paragraph of this subparagraph applies;

7) - 12) have lost their power. - Federal Law No. 319-FZ of December 30, 2008;

13) men upon reaching the age of 50, women upon reaching the age of 45, permanently residing in the regions of the Far North and areas equivalent to them, having worked, respectively, for at least 25 and 20 years as reindeer herders, fishermen, hunters-traders.

2. When assigning an old-age labor pension in accordance with subparagraphs 2, 6 and 13 of paragraph 1 of this article, the list of regions of the Far North and areas equivalent to them, which was used when assigning state old-age pensions in connection with work in the Far North as of 31 December 2001.

3. Lost strength. - Federal Law of December 30, 2008 N 319-FZ.

Article 28.1. Summing up the length of service in the relevant types of work and reducing the age that gives the right to an old-age labor pension for persons who worked in the regions of the Far North and equivalent areas

1. When determining the length of service in the regions of the Far North and areas equated to them for the early assignment of an old-age labor pension in connection with work in the said regions and localities, the work giving the right to early assignment of an old-age labor pension in accordance with subparagraphs 1 - 10 and 16 - 18 of paragraph 1 of Article 27 of this Federal Law, in the manner determined by the Government of the Russian Federation.

2. Persons who have worked for at least 15 calendar years in the regions of the Far North or at least 20 calendar years in areas equated to them and who have the old-age labor pension required for early appointment, provided for in subparagraphs 1 - 10 and 16 - 18 of paragraph 1 of Article 27 of this Federal law, the insurance period and the length of service in the relevant types of work, the age established for the early appointment of the specified pension is reduced by five years.
(as amended by Federal Law No. 319-FZ of December 30, 2008)

Article 29

1. The amounts of labor pensions established prior to the entry into force of this Federal Law in accordance with the norms of the Law of the Russian Federation "On State Pensions in the Russian Federation" are recalculated in accordance with this Federal Law.

2. When applying this Federal Law, the payment of contributions to state social insurance before January 1, 1991, the unified social tax (contribution) and the unified tax on imputed income for certain types of activities that took place in the period before the entry into force of this Federal Law shall be equated to payment of insurance premiums to the Pension Fund of the Russian Federation.

3. The estimated pension capital for determining the insurance part of the labor pensions provided for by this article is established in accordance with article 30 of this Federal Law.

4. If, when recalculating the size of the labor pension in accordance with the norms provided for by this Federal Law, the amount of the specified pension does not reach the amount received by the pensioner on the day this Federal Law enters into force, the pensioner shall be paid a pension in the former higher amount.

5. Indexation of the size of labor pensions provided for by this article is carried out in the manner determined by article 17 of this Federal Law.

Article 30. Evaluation of pension rights of insured persons

On the termination of proceedings in the case of checking the constitutionality of paragraph 1 of Article 30 due to the fact that the resolution of the issue raised does not fall within the powers of the Constitutional Court of the Russian Federation, see Resolution of the Constitutional Court of the Russian Federation dated January 29, 2004 N 2-P.

1. In connection with the entry into force of this Federal Law, the pension rights of insured persons are assessed as of January 1, 2002 by converting (transforming) them into the estimated pension capital according to the formula:

PC \u003d (RP - BCH) x T, where

PC - the value of the estimated pension capital;

RP - the estimated amount of labor pension, determined for insured persons in accordance with paragraph 2 of this article;

BC - the size of the basic part of the labor pension as of January 1, 2002 (450 rubles per month);

T - the expected period of payment of an old-age labor pension, equal to the similar period to be applied when establishing a labor pension in accordance with this Federal Law (clause 5 of Article 14 and clause 1 of Article 32 of this Federal Law).

If, in accordance with paragraph 9 of this article, the assessment of the pension rights of the insured persons is carried out simultaneously with the assignment of a labor disability pension to them, the specified expected period of payment of the labor old-age pension shall be multiplied by the ratio of the standard duration of the insurance period of the disabled person (in months) as of January 1, 2002 to 180 months (Item 3 of Article 15 of this Federal Law).

On the termination of proceedings in the case of checking the constitutionality of paragraph 2 of Article 30 due to the fact that the resolution of the question posed does not fall within the powers of the Constitutional Court of the Russian Federation, see Resolution of the Constitutional Court of the Russian Federation dated January 29, 2004 N 2-P.

2. The estimated amount of the labor pension is determined for men with a total length of service of at least 25 years, and for women with a total length of service of at least 20 years, according to the formula:

RP \u003d SK x ZR / ZP x SZP, where

ZR - the average monthly earnings of the insured person for 2000 - 2001 according to the data of individual (personalized) registration in the system of compulsory pension insurance or for any 60 months in a row on the basis of documents issued in the prescribed manner by the relevant employers or state (municipal) bodies;

ZP - average monthly salary in the Russian Federation for the same period;

SZP - the average monthly salary in the Russian Federation for the period from July 1 to September 30, 2001 for the calculation and increase in the size of state pensions, approved by the Government of the Russian Federation;

SC - the length of service coefficient, which for insured persons (with the exception of disabled persons with a disability of the first degree) is 0.55 and increases by 0.01 for each full year of total work experience in excess of the duration specified in this paragraph, but not more than 0.20.

For these disabled persons, the seniority coefficient is 0.30.

The ratio of the average monthly earnings of the insured person to the average monthly salary in the Russian Federation (ZR / ZP) is taken into account in the amount of not more than 1.2.

For persons residing in the regions of the Far North and areas equivalent to them (paragraph 2 of Article 28 of this Federal Law), in which regional coefficients for wages are established, the ratio of the average monthly earnings of the insured person to the average monthly wage in the Russian Federation (ZR / ZP) is taken into account in the following sizes:

not more than 1.4 - for persons living in the indicated districts and localities in which a regional coefficient of up to 1.5 is established for the wages of employees;

not more than 1.7 - for persons residing in the indicated districts and localities in which a district coefficient of 1.5 to 1.8 is established for the wages of employees;

not more than 1.9 - for persons residing in the indicated districts and localities in which a district coefficient of 1.8 and higher is established for the wages of employees.

At the same time, if different regional wage coefficients are established, the wage coefficient effective in the given district or locality for workers and employees of non-productive industries is taken into account.

On the application of paragraph 2 of Article 30, see the rulings of the Constitutional Court of the Russian Federation of October 2, 2003 N 380-O and N 381-O.

For the persons specified in paragraph one of subparagraph 6 of paragraph 1 of Article 28 of this Federal Law, the ratio of the average monthly earnings of a pensioner to the average monthly salary in the Russian Federation (ZR / ZP) is taken into account in the amounts indicated above, regardless of the place of residence of these persons outside the regions of the Far North and equated areas to them.

Increases in pensions established by the legislation of the Russian Federation for certain categories of citizens as of December 31, 2001 (with the exception of the district coefficient) are accrued to the estimated amount of labor pensions for the relevant persons (with the exception of persons entitled to additional material support in accordance with the legislation of the Russian Federation at a higher size).

The estimated amount of the labor pension cannot be less than 660 rubles.

3. The amount of the estimated pension capital for incomplete total work experience is determined based on the amount of estimated pension capital for the full total work experience (25 years for men and 20 years for women), which is divided by the number of months of the total total work experience and multiplied by the number of months actually available total work experience.

Paragraph 4 of Article 30 is subject to application in accordance with the constitutional and legal meaning identified in the Resolution of the Constitutional Court of the Russian Federation of January 29, 2004 N 2-P.

4. For the purpose of assessing the pension rights of insured persons, the total length of service is understood as the total duration of labor and other socially useful activities before January 1, 2002, taken into account in a calendar order, which includes:

1) periods of work as a worker, employee (including work for hire outside the territory of the Russian Federation), a member of a collective farm or other cooperative organization; periods of other work in which the employee, not being a worker or employee, was subject to mandatory pension insurance; periods of work (service) in the paramilitary guards, special communications agencies or in the mine rescue unit, regardless of its nature; periods of individual labor activity, including in agriculture;

2) periods of creative activity of members of creative unions - writers, artists, composers, cinematographers, theatrical figures, as well as writers and artists who are not members of the relevant creative unions;

3) service in the Armed Forces of the Russian Federation and other military formations created in accordance with the legislation of the Russian Federation, the United Armed Forces of the Commonwealth of Independent States, the Armed Forces of the former USSR, internal affairs agencies of the Russian Federation, foreign intelligence agencies, federal security service agencies, federal executive agencies authorities in which military service is provided, the former state security bodies of the Russian Federation, as well as in the state security bodies and internal affairs bodies of the former USSR (including during periods when these bodies were called differently), being in partisan detachments during the civil war and the Great Patriotic War;

4) periods of temporary disability that began during the period of work, and the period of being on disability of groups I and II, received as a result of an injury associated with production, or an occupational disease;

5) the period of stay in places of detention in excess of the period appointed during the review of the case;

6) periods of receiving unemployment benefits, participation in paid public works, moving to another area in the direction of the employment service and employment.

4.1. When establishing the insurance part of the old-age labor pension for persons from among citizens receiving a pension for long service or a disability pension in accordance with the Law of the Russian Federation "On pension provision for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families", the total length of service does not include periods of service prior to the appointment of a disability pension, or periods of service, work and other activities taken into account when determining the amount retirement pensions in accordance with the said Law.
(Clause 4.1 was introduced by Federal Law No. 156-FZ of July 22, 2008)

5. Conversion (transformation) of pension rights into the estimated pension capital of the insured persons specified in paragraph 1 of Article 27 of this Federal Law may be carried out at their choice in the manner specified in this Article, using instead of the total length of service (existing and full) the length of service for the relevant types of work (available and complete).
(as amended by Federal Law No. 319-FZ of December 30, 2008)

For the purpose of assessing the pension rights of insured persons, the length of service in the relevant types of work means the total duration of periods of work before January 1, 2002, as defined in paragraph 1 of Article 27 of this Federal Law. The period of stay on disability of groups I and II, received as a result of an injury associated with production, or an occupational disease, is equated to the work at which the specified injury or disease was received.
(as amended by Federal Law No. 319-FZ of December 30, 2008)

The paragraph is invalid. - Federal Law No. 319-FZ of December 30, 2008.

6. For persons who, as of December 31, 2001, were provided with an old-age labor pension, a labor disability pension, a labor pension in the event of the loss of a breadwinner or a labor pension for long service in accordance with the Law of the Russian Federation "On State Pensions in the Russian Federation" , at their choice, the amount of one pension established by him, taking into account increases and compensation payments in connection with the increase in the cost of living in the Russian Federation, using the appropriate district coefficient, is taken as the estimated amount of the labor pension, with the exception of allowances for care and for disabled dependents.

If, at the choice of a pensioner, the assessment of his pension rights is carried out in accordance with paragraphs 1-5 of this article, in order to determine the estimated amount of labor pension, at the request of the pensioner, the amount of his average monthly earnings, from which the established pension is calculated, can be taken into account.

7. When assigning, starting from January 1, 2002, a labor pension in case of loss of a breadwinner in connection with the death of an insured person for whom an individual personal account was not opened, the estimated pension capital due to the deceased breadwinner is determined in the manner prescribed by this article in relation to persons who have become disabled, for the subsequent calculation of the insurance part of the labor pension in the event of the loss of a breadwinner to the relevant members of his family in accordance with paragraph 2 of Article 16 of this Federal Law.

8. Indexation of the estimated pension capital necessary to determine the insurance part of the labor pension is carried out in relation to the procedure provided for in paragraphs 7 and 8 of Article 17 of this Federal Law, for the entire period starting from January 1, 2002 until the day from which the specified part of the labor pension is assigned .

9. Assessment of the pension rights of insured persons as of January 1, 2002 is carried out by the bodies providing pensions within the following terms:

to insured persons employed in the relevant types of work provided for by paragraph 1 of Article 27 of this Federal Law - no later than January 1, 2011, and if these persons are granted a labor pension before the specified date, simultaneously with the assignment of a labor pension to them in accordance with this Federal Law;

to the rest of the insured persons - no later than January 1, 2013, and if these persons are granted a labor pension before the specified date, simultaneously with the assignment of a labor pension to them in accordance with this Federal Law.

In this case, the procedure for confirming the length of service is applied, including the length of service in the relevant types of work (and, if necessary, the earnings of the insured person), which was established for the appointment and recalculation of state pensions and was valid until the day this Federal Law came into force.

(Clause 9 as amended by Federal Law No. 319-FZ of December 30, 2008)

Chapter VII. PROCEDURE FOR THE INTRODUCTION OF THE PRESENT FEDERAL LAW

The provisions of paragraphs 1 and 2 of this article in conjunction with the provisions of subparagraphs 10, 11 and 12 of paragraph 1 of Article 28 of this Law, to the extent that in the system of the current legal regulation of pension provision, the provisions of subparagraphs 10, 11, 12 of paragraph 1 of Art. 28 of this Law do not allow to be counted in the length of service, giving the right to early appointment of a pension in accordance with the indicated subparagraphs of paragraph 1 of Art. 28, periods of activity in institutions that are not state or municipal, which were included in the relevant length of service by the previous legislation, while the legislative regulation of the procedure for maintaining and exercising pension rights already acquired by the persons specified in paragraphs. 10, 11, 12 p. 1 art. 28, as a result of long-term professional activity, is absent, recognized as inconsistent with the Constitution of the Russian Federation by the Decree of the Constitutional Court of the Russian Federation of 03.06.2004 N 11-P.

In accordance with Part 3 of Article 79 of the Federal Constitutional Law No. 1-FKZ of July 21, 1994, acts or their individual provisions recognized as unconstitutional become invalid.

Until the establishment of proper legal regulation when the persons referred to in subparagraphs 10, 11 and 12 of paragraph 1 of Article 28 apply for an old-age labor pension and resolve the issue of their length of service giving them the right to such a pension, the periods of their work in institutions that were not state or municipal, should be counted in the relevant length of professional activity, defined in subparagraphs 10, 11 and 12 of paragraph 1 of Article 28 of this Federal Law (Decree of the Constitutional Court of the Russian Federation of 03.06.2004 N 11-P).

Article 31. Entry into force of this Federal Law

The provisions of paragraphs 1 and 2 of Article 31 shall be applied in accordance with their constitutional and legal meaning, identified in the ruling of the Constitutional Court of the Russian Federation of March 6, 2003 N 107-O.

2. From the date of entry into force of this Federal Law, the Law of the Russian Federation "On State Pensions in the Russian Federation" and the Federal Law "On the Procedure for Calculating and Increasing State Pensions", as well as other federal laws adopted before the date of entry into force of this Federal Law and providing for the conditions and norms of pension provision are applied to the extent that they do not contradict this Federal Law.

The provisions of paragraph 3 of Article 31 - in their constitutional and legal sense - do not allow introducing differences in the assessment of the pension rights acquired as of January 1, 2002 of flight test workers in accordance with the norms of the Federal Law "On Labor Pensions in the Russian Federation", leading to inequality in the establishment and payment of labor pensions to them, and do not allow the possibility of exclusion from the special work experience of flight test personnel, which gives the right to pensions for length of service, the time of military service in the positions of flight personnel (Determination of the Constitutional Court of the Russian Federation of 02.11.2006 N 563-O).

3. The conditions and norms for establishing pensions for cosmonauts and flight test personnel of civil aviation, which are in force until the day this Federal Law enters into force, and provided for by regulatory legal acts, remain valid. The specified conditions and norms shall also be applied in assessing the pension rights of cosmonauts and flight test personnel of civil aviation in accordance with the norms of this Federal Law.

4. When establishing prior to January 1, 2004, labor pensions due in accordance with this Federal Law to persons with a disability degree III, II and I, disability groups I, II and III are applied respectively.

Article 32

1. When determining the amount of the insurance part of the labor pension, starting from January 1, 2002, the expected period for the payment of the labor old-age pension, provided for in Clause 5 of Article 14 of this Federal Law, is set at a duration of 12 years (144 months) and annually increases by 6 months (from January 1 of the corresponding year) until reaching 16 years (192 months), and then annually increases by one year (from January 1 of the corresponding year) until reaching 19 years (228 months).

2. For the persons specified in Clause 1 of Article 27 and Clause 1 of Article 28 of this Federal Law, the insurance part of the labor old-age pension is determined based on the expected period for the payment of the labor old-age pension established in accordance with Clause 1 of this Article. Starting from January 1, 2013, this period annually (from January 1 of the corresponding year) increases by one year, while the total number of years of such an increase cannot exceed the number of years missing in the early assignment of a labor pension to the retirement age established by Article 7 of this Federal Law (for men and women, respectively).

3. When determining the amount of the insurance part of the old-age labor pension in the manner provided for in Clauses 6 and 7 of Article 14 of this Federal Law, starting from January 1, 2002, the expected period of payment of the old-age labor pension cannot be less than 10 years (120 months). Starting from January 1, 2009, the specified duration is increased annually by 6 months (from January 1 of the relevant year) until it reaches 14 years (168 months).

The president
Russian Federation
V. PUTIN

The grounds for the emergence and rules for the implementation of the rights of citizens to payments in connection with the loss of the ability to carry out professional activities are regulated by Federal Law-173 of December 17, 2001. Let us further consider some of the provisions of this regulatory act.

Key Concepts

In the text of the regulation "On labor pensions in the Russian Federation"The following terms are used:

Subjects of law

Normative act " About labor pensions in the Russian Federation" defines specific persons who have the opportunity to receive payments. The opportunity to receive can be used by:

1. Citizens insured in the prescribed manner. In this case, the conditions stipulated by the norms must be observed.
2. Disabled relatives of insured persons in the cases established by Art. 9 Federal Law No. 173.
3. Foreigners and stateless persons permanently residing in the country. The exceptions are cases provided for in an international treaty or the domestic legislation of the Russian Federation.

Payout selection

173-FZ (as amended) provides for the following types of compensation:

1. By old age.
2. By disability.
3. Because of the loss of a breadwinner.

The first two payments may contain funded, insurance and basic parts. Only the last two elements are included in the survivor's pension. The procedure for the formation of the funded element of payments for disability and old age is currently subject to adjustments. Subjects who for one reason or another do not have the right to receive a pension can count on social compensation. It is installed in a special way. The rules and conditions for the provision of social payments are regulated in the Federal Law "On State Pension Security".

Financing

173-FZ (last edition) determines that in case of making adjustments to the established procedure for assigning payments that require an increase in costs, specific sources and rules for compensating additional costs should be determined. In accordance with this, normative acts are being adopted to amend the provisions on the budget system. The formation of the funded component is carried out if there are sufficient funds accounted for in a special section of the personal (individual) account of the insured citizen.

Elements of seniority

Law 173-FZ establishes that the periods of work or other professional activity that were carried out on the territory of the country by citizens insured in the prescribed manner are used for calculation. At the same time, during these time periods, deductions must be made to the FIU. Normative act " On labor pensions in the Russian Federation "(173-FZ) allows the inclusion in the experience of periods of activity outside the country. This is allowed in cases stipulated by regulations or international agreements, or if deductions were made to the FIU for all relevant time periods.

Other periods

Law "On labor pensions" determines that, along with work or other activities carried out in the territory of the country, the following are counted:

The specified periods will be counted in the length of service, if before or after them the subject carried out work or other professional activities defined in Art. 10 of the normative act in question. In this case, its duration will not matter.

Calculation

Normative act "On labor (173-FZ) establishes the procedure for determining the amount of the insurance part of old-age payments. It is calculated by the formula:

MF \u003d PC / T, in which:

• insurance part - SC;
• the value of the estimated capital of the insured citizen, taken into account on the date from which compensation is assigned to him - PC;
• the number of months of the estimated payment period used to determine the amount of the pension - T.

The last figure is 228 months. (19 years). Additional regulation " On labor pensions in the Russian Federation" (173-FZ) establishes that the amount of the insurance part of payments for the old age of citizens cannot be less than the average value of disability compensation if they have received it for at least 10 years. The amount established on the date when the deductions were terminated is taken into account.

Payments to subjects traveling to another state for permanent residence

Normative act " On labor pensions in the Russian Federation" (173-FZ) allows the payment, at the request of a citizen leaving the territory of the country, of the amount assigned to him in the prescribed manner, six months in advance. In addition, there are several more possibilities. In particular, an entity that leaves the country has the right to write an application, according to which the deductions will be made in the name of a trustee located in Russia. In addition, a citizen leaving for another state for permanent residence can receive a payment to his account in a domestic or foreign bank. Deductions can be made both in rubles and in foreign currency. In the latter case, the recalculation is carried out at the exchange rate of the Central Bank in force on the date of the operation. Law "On Labor Pensions""allows making transfers abroad starting from the month that follows the period of departure to another country. But at the same time, payments must be made no earlier than the day before which the pension was received in rubles.

The rules for the transfer of the assigned amounts to citizens who have left or are leaving for permanent residence abroad are determined by the government of the Russian Federation. In the case of the return of subjects back, deductions are made for payments not received during their stay in another country. However, citizens can receive a pension for no more than 3 years preceding the date of applying to the authorized bodies with the relevant application.