Draft federal law on pension provision. The law on pension provision by length of service: employees of the Ministry of Internal Affairs, civil servants. Pension and disability

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

Pensions assigned to the persons specified in Article 1 of this Law and their families are subject to review.

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1 Yatskova Yulia Viktorovna Lecturer of the Department of Civil Law Disciplines Law and organization of social security. FKOU VPO Perm Institute of the Federal Penitentiary Service of Russia New in the pension legislation for employees of the penitentiary system who are entitled to a seniority pension. It is customary to call a pension for years of service a pension, which is established by law enforcement officers with a length of service of at least 20 years (in some cases - 25 years, with civil service) regardless of age. Thus, the concept of a seniority pension can be formulated as follows: it is a monthly lifelong cash payment at the expense of budget funds, commensurate with the previous monetary allowance (allowance) of employees, guaranteed by the state, paid in order to compensate citizens for income lost by them due to termination of service , the right to which is determined in accordance with the law. 1 The introduction of pensions for years of service is explained mainly by the characteristics of the service. Thus, service in the penitentiary system (hereinafter referred to as the penitentiary system) is directly related to the risk to life, because includes a person in various extreme situations (hostage-taking, riots, disobedience, etc.). In addition, employees have to work with a special contingent and difficult conditions: “In prison life there is no romance, it’s cruelty, suffering, dirt, and a habit is developed to them voluntarily or involuntarily.” 2 Therefore, penitentiary officers often experience deprivation from the conditions of service. In addition, the service is often 1 Grigoriev I.V. Social security law: a short course of lectures / - M.: Yurayt Publishing House, S., S. Gribov V. In the prison interior // Veteran (718). S. 14.

2 takes place in a state of psychological tension, against an increased emotional background, which leads to emotional burnout. Service in the penal system, in addition to education, personal and business qualities, requires excellent physical fitness and excellent health. Therefore, it is no coincidence that the maximum age of service in the penitentiary system is 45 years. Due to age-related changes, employees retire quite young. And after retirement, employees very often continue to work, given the young retirement age and the economic situation in the country, but not “in the system”. Until 2008 Citizens who were simultaneously entitled to a superannuation pension and an old-age pension, in accordance with the legislation of the Russian Federation, were provided with only one pension of their choice. 3 The exception was extended only for a certain circle of persons to whom the legislation secured the right to receive two pensions at a time. 4 These are citizens who became disabled due to military trauma, parents of military personnel who were conscripted, who died (deceased) during the period of military service or who died as a result of military trauma, participants in the Great Patriotic War, participants in hostilities, citizens awarded the badge “Inhabitant of the blockade Leningrad” and others. Pensioners of the Federal Penitentiary Service working in civil organizations have repeatedly applied to the Pension Fund for the appointment of an old-age pension, since they pay mandatory insurance premiums, but do not receive an old-age pension. As a result, it was decided to submit this situation for consideration to the Constitutional Court of the Russian Federation. At the meeting, it was decided that the ban on granting pensioners the right to receive, along with the seniority pension, the old-age pension that they have earned, taking into account the length of service required for its appointment and the compulsory insurance payable. d) "On State Pension Provision in the Russian Federation" Art.3 / ATP Consultant Plus. 4 Ibid.

3 contributions to the Pension Fund of the Russian Federation, violates the constitutional rights of working pensioners and is contrary to the law. As a result of the last meeting, it was indicated that in order to ensure the implementation of the social rights of military pensioners working under an employment contract, a new legal mechanism should be developed that, in addition to paying a pension under the state pension provision, provides them with the opportunity to receive the insurance part of the labor pension, taking into account the contributions that are on their personal accounts. accounts in the Pension Fund. 5 As a result, Federal Law No. 156-FZ of the city of "On Amending Certain Legislative Acts of the Russian Federation on Pension Provision" was adopted, which entered into force with the city. This law amended the Law of the Russian Federation of No. who served in the military, served in the internal affairs bodies, the State Fire Service, bodies for the control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families. Now the Federal Law of N 156-FZ "On Amendments to Certain Legislative Acts of the Russian Federation on Pension Provision" establishes that pensioners of law enforcement agencies, if there are conditions for assigning an old-age pension, are entitled to simultaneously receive a pension for long service and a pension for old age (with the exception of a fixed amount of the old-age insurance pension), established in accordance with the Federal Law "On Insurance Pensions". 6 The amount of the old-age insurance pension depends on the amount of insurance premiums transferred by the employer and recorded on individual personal accounts of citizens in the Pension Fund. With regard to the accumulative 5 Federal Law of N 166-FZ (ed. from) "On State Pension Provision in the Russian Federation" Art. 3 / ATP Consultant plus. 6 Federal Law of the Federal Law "On Amendments to Certain Legislative Acts of the Russian Federation on Pension Provision" / ATP Consultant Plus.

4 pensions, then these are pensions that can be independently managed and disposed of. So, it can be formed both in the Pension Fund of the Russian Federation under the management of the state management company, and in non-state pension funds. However, at the end of 2013 there were changes in the legislation regarding pension provision, which came into force on January 1, 2015. A federal law was adopted, 7 which affected old-age pensions for employees of the penitentiary system in 2015, namely: the required length of service for calculating a labor pension was increased. The changes are quite large-scale: from 5 mandatory years of continuous experience, an increase to 15 years is expected, which will be carried out in stages, over 9 years (until 2024). Yes, 2015. it is necessary already - at least six years of insurance experience. the need for a minimum amount of individual pension coefficients (points) was introduced (for 2015 it is set at 6.6 and will increase annually to 30 in 2025). the retirement age (55 years for women and 60 years for men) remained unchanged. If a FSIN pensioner continues to work in a civil organization, while the employer pays contributions from the amount of earnings to the Pension Fund of the Russian Federation, he is entitled to an old-age insurance pension, subject to the above requirements. If desired, he can also form a funded old-age pension, provided that he was born in 1967. and later. Thus, the folding situation is not very optimistic for employees of the penitentiary system, since it is assumed that the minimum length of service for accruing insurance pensions will increase annually N 6, (Appendix 1-4),

5 in old age. The length of service for pensioners of the penitentiary system does not include periods of service and other activities taken into account when determining the amount of pension for length of service in accordance with the Law of the Russian Federation of February 12, 1993 I "On pension provision for persons who have served in the military, served in the bodies Internal Affairs, the State Fire Service, the authorities for the control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families. And thus, an employee of the penitentiary system, who retires on a seniority basis, must work for another 15 years in a "citizen" to assign an old-age pension. And not every pensioner will be able to do this (because some retire even at 50). And thus, a situation will arise when working pensioners of the penal system who pay mandatory insurance contributions to the Pension Fund will not receive an old-age pension. These changes will not affect those pensioners who have already accrued the insurance part of the pension. All adjustments to the accrual principle are not retroactive, and therefore entitlements to the benefit pool remain. Now the laws regulating the procedure for calculating several types of pensions are not coordinated with each other, which ultimately led to a situation in which all former employees who left the penal system upon reaching retirement age and who are engaged in labor activities will not be able to receive an old-age pension. This means that their contributions to the Pension Fund are unclaimed. Therefore, in order to protect the rights of law enforcement officers, it is advisable to introduce appropriate amendments to existing laws. References 1. Grigoriev I.V. Social security law: a short course of lectures / - M.: Yurayt Publishing House, p.

6 2. Gribov V. In the prison interior // Veteran (718). C Federal Law from the Federal Law "On Amendments to Certain Legislative Acts of the Russian Federation on Pension Provision" / ATP Consultant Plus. 4. Federal Law of the Federal Law (as amended from) "On State Pension Provision in the Russian Federation" / ATP Consultant Plus. 5. Federal Law No. 400-FZ (ed. dated) "On Insurance Pensions" // "Rossiyskaya Gazeta", No. 6, (Appendix 1-4)

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The federal law on pensions for employees of the Ministry of Internal Affairs was adopted on November 30, 2001, approved on December 5, 2001 (No. 166-FZ) and is the main regulatory act establishing legal regulation in the field of awarding long service pensions.

The right to retire employees of the Ministry of Internal Affairs according to FZ-166

In accordance with the law, additional payments are accrued certain and at the expense of the federal budget. The value is determined on the basis of experience, age restrictions are not provided.

Payments are accrued regardless of the actual physical condition and level of working capacity of citizens, the length of service plays the main role.

Citizens who have worked for a sufficient amount of time in areas with particularly difficult activities that bring maximum benefit to the state are entitled to receive compensation for length of service.

Who can legally receive a retirement pension?

Calculation of monthly payments for each group of citizens of the Russian Federation is carried out in accordance with the Decree of the Government of the Russian Federation. It defines a list of positions that are entitled to seniority payments.

For each industry, an individual list of specialties that can receive pension payments is established.

According to 166-FZ, a seniority pension is accrued to the following categories of citizens:

employees of the mining industry, surface mining and underground works.
employees of emergency rescue services, fire safety;
aviation staff;
employees in sea and river transport;
teachers of universities, schools and other educational institutions;
employees of cultural facilities;
military personnel;
health workers;
astronauts and test pilots;
employees of the fishing industry;
federal and municipal civil servants;
an employee of the Ministry of Internal Affairs;
employees of trade unions.

Important! Dismissal from the place of work should occur only for valid reasons: termination of the organization's activities, expiration of the contract.

Terms of payments for seniority by category: legal regulation

Disabled people, participants in the Second World War, military personnel who were injured or maimed, military families in connection with the loss of a breadwinner are entitled to priority compensation payments for length of service out of turn and in the first order.

The federal law on the appointment of a superannuation pension regulates accrual depending on the length of service.

To assign pension payments, an employee of the Ministry of Internal Affairs should apply with an application and a package of necessary documentation to the pension department of the relevant department. Citizens must carry with them proving the right to receive assistance in the form of: passports, death certificates, medical certificates, etc.

When is a retirement pension granted to civil servants?

Important! For each year of public service exceeding 15 years, the pension is increased by 3% of the employee's average monthly salary.

Calculation of civil service payments in accordance with the law

The amount of state support, if there is a sufficient indicator for length of service, is calculated taking into account the amount of salary, rank, special service and additional length of service in a civilian, as well as the position held over the past 5 years.

Payouts are calculated as follows:

45% of salary (minus old-age pension) plus 3% of salary multiplied by more than 15 years of service.

The calculation of the pension is made by adding as a percentage to the pension rate with increments.

Calculation of pensions for different categories of civil servants

Seniority payments to medical workers, as well as to other persons, are accrued regardless of age.

The main condition is the experience for urban workers - 30 years, rural paramedics - 25 years. 1 year of work in the villages is equal to 1.5 years of experience.

The period of advanced training, residency training, leave at one's own expense are not included in the length of service. Only full-time jobs count. The amount of payments depends on the individual coefficient, which is determined by the position held.

They are provided for with experience in education from 25 years and the presence of a certain number of individual coefficients (in 2018, the coefficient is 13.8 and will gradually increase every year).

Important! Citizens working in the Far North are charged an additional coefficient depending on the place of residence.

Thus, pensions in the Ministry of Internal Affairs are more dependent on the amount of monetary allowance received and the length of service. At the same time, it is quite simple to increase the total amount of state support - it is enough just to continue working after being dismissed from the bodies in a “civilian”.

On the procedure for calculating pensions.

Since January 1, 2012, a new procedure for determining monetary allowance for calculating pensions has been legally established. From this date, 54 percent of the corresponding amounts of monetary allowance were used to calculate the pension, which includes: salary according to position, salary according to rank and a percentage bonus for length of service. According to the legislation, the amount of monetary allowance taken into account for calculating pensions increases annually by at least two percent. Therefore, from January 1, 2013, 56 percent of the amount of monetary allowance was used to calculate the pension, from October 1, 2013, according to the Law of the Russian Federation of December 03, 2012 No. 58.05 percent and from January 1, 2014 - 60.05 percent.

The further procedure for determining the amount of pensions remained the same, that is, for 20 years of service - 50 percent of the corresponding amounts of monetary allowance, for each year in excess - 3 percent. The maximum pension is 85 percent.

The pension divisions of the Ministry of Internal Affairs of Russia recalculated the pension from January 1, 2014, payment documents were sent to the bank so that the payment of January pensions, traditionally made in December, was carried out in new amounts.

From October 1, 2014, it is planned to increase the share of monetary allowance taken into account for calculating pensions to 62.12 percent, which will increase pensions by 7 percent by the end of 2014. The procedure for calculating monetary allowance for the appointment of a pension is the same for everyone, regardless of the time of dismissal, and also for those who are currently resigning from the internal affairs bodies.In addition, pensions, as before, will be indexed simultaneously with an increase in the monetary allowance of employees and military personnel in the service. Therefore, with an increase in monetary allowance, pensions for pensioners will be recalculated at the same time.

The procedure for applying saved salaries for calculating pensions

Previously, in accordance with Article 16 of the Regulations on Service in the Internal Affairs Bodies of the Russian Federation, when an employee who had served 15 years or more was transferred to a lower position, in the interests of the service, he retained the salary of his previous position. This salary cannot be taken into account for the appointment of a pension, as this is not provided for by law. The salary for a previously held position for the appointment of a pension can be taken into account only if the following conditions are met: on the day of transfer, the employee must be a colonel, hold the previous position for at least 3 years, have the right to a pension on the day of transfer and be transferred by decision of the Minister of Internal Affairs of the Russian Federation. This norm is enshrined in the Decree of the Government of the Russian Federation No. 941 of September 22, 1993.In the absence of at least one of the above conditions, the pension is assigned from the salary of the last full-time position.Currently, in accordance with Article 30 of Federal Law No. 342-FZ dated November 30, 2011 “On Service in the Internal Affairs Bodies of the Russian Federation and Amendments to Legislative Acts of the Russian Federation”, the duration of service doesn't matter. The official salary is retained provided that the employee is transferred to a lower position for health reasons in accordance with the conclusion of the military medical commission; in connection with the reduction of the position occupied by the employee; in connection with the reinstatement of an employee in the position that he previously held, if this position is filled by another employee and there is no equivalent position; in connection with the refusal to transfer to an equivalent position in the order of rotation.

The payment of the retained official salary is made until the employee has the right to receive a higher official salary due to its increase in the prescribed manner or the appointment of an employee to a position with a higher salary.However, this salary is not applied when assigning a pension. This should be remembered by employees of financial departments when issuing cash certificates for persons dismissed from the internal affairs bodies with the right to a pension.The saved salary for the appointment of a pension is applied only if the above conditions are met.

About pension taking into account the total length of service

To assign a pension in accordance with paragraph "b" of Article 13 of the Law of the Russian Federation of February 12, 1993 N 4468-1 "On pension provision for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families" the previous conditions were preserved:

On the day of dismissal from service, it is necessary to have a total work experience of 25 calendar years, of which 12.5 years of service in uniform;

Be fired due to age, illness or redundancy;

Be 45 years of age.

In practice, only one thing has changed for employees: according to the new Law on Service, the bulk of employees cannot be dismissed due to age earlier than 50 years. Therefore, at the age of 45, an employee can retire for a mixed length of service, having retired due to illness or a reduction in staff, and by age, respectively, not earlier than 50, for colonels - 55 years. The procedure for calculating this pension also remained the same; for 25 years - 50 percent, for each year over - 1 percent.

Pension under the Pension Fund of the Russian Federation for the existing work experience, not taken into account in the Ministry of Internal Affairs

If a pensioner of the Ministry of Internal Affairs of Russia continues to work after dismissal from the internal affairs bodies in civil organizations, or has at least 5 years of work experience before entering the service in the internal affairs bodies, and has also reached the generally established retirement age (55 for women, 60 years for men), then the insurance part of the old-age labor pension is assigned to him by the Ministry of Internal Affairs of Russia by the territorial bodies of the Pension Fund of the Russian Federation. The amount of this pension depends on insurance premiums.

If employees and military personnel are dismissed without the right to a pension, then upon reaching a civil pension, the Ministry of Finance of Russia transfers insurance premiums to the accounts of these citizens during the service. This is provided for by the Law of the Russian Federation of 06/04/2011 No. No. 126-FZ.

On increasing the amount of pensions for certain categories of pensioners

After the increase in pensions from January 1, 2012, there was no increase in pensions for some categories of pensioners on the occasion of the loss of a breadwinner and on disability of the 3rd group. These pensioners have retained the monthly surcharge in the amount of 1,000 rubles, previously paid to all pensioners by Decree of the President of the Russian Federation of 18.02.2005. No. 126 and a bill was prepared providing for an increase in pensions for the loss of a breadwinner and for disability of group 3 from illness by 10 percent. This bill was prepared by the Ministry of Justice of Russia, repeatedly returned for revision and is now in the Government, being prepared for submission to the State Duma.

On changing the conditions for assigning a pension for long service

On behalf of the Government of Russia, the Ministry of Defense, together with other power ministries, has prepared a draft law providing for the appointment of a pension for 25 years of service. In the draft, which was posted on the Internet, the entry date is January 1, 2014. However, this draft law is at the development stage, it has not been approved by the federal executive authorities, therefore its entry into force from the indicated date is impossible, because the procedure for passing the bill takes time. The bill must necessarily be agreed with all executive authorities, then submitted to the Government, then to the State Duma (three readings), approved by the Federation Council and, finally, signed by the President. This is a difficult and lengthy procedure.

The draft law provides for a transitional period of two years for those who, on the date of its entry, will have 20 years of service, including in preferential terms. However, it is not a fact that the law will remain in this form, because work on it has just begun.

About insurance payments

In connection with the change in the parameters of the monetary content, from January 1, 2012, new amounts of insurance payments for compulsory state life and health insurance for employees and their families were established.

Since January 1, 2013, they have been indexed by 5.5 percent. So, in the event of an insured event, insurance payments are made in the following amounts:

in the event that the insured person receives a serious injury (wounds, injuries, contusions) during the period of service - 211 thousand rubles, a slight injury (wounds, injuries, contusions) - 52,750 rubles;

in case of death (death) of the insured person during the period of service or before the expiration of one year after dismissal from service due to injury (wounds, trauma, concussion) or illness received during the period of service - 2 million 110 thousand rubles per family;

in the event that the insured person is found to be disabled during the period of service or before the expiration of one year after dismissal from service due to injury (wounds, injuries, contusions) or diseases received during the period of service:

disabled person of group I - 1,582,500 rubles;

a disabled person of group II - 1,055,000 rubles;

a disabled person of group III - 527,500 rubles.

Due to the fact that since 2012 all departments of internal affairs bodies have been financed at the expense of the federal budget, the competition for the selection of a company that provides life and health insurance for employees of internal affairs bodies is held by the Ministry of Internal Affairs of Russia.

Now the Ministry of Internal Affairs of Russia has signed a contract for three years (2013-2015) with VTB Insurance.

Monthly allowance for women on parental leave

All social payments to citizens with children are established by the Federal Law "On State Benefits to Citizens with Children" dated May 19, 1995 No. 81-FZ.

Women serving as private and commanding officers while on parental leave, until the child reaches the age of one and a half years, are entitled to receive a monthly allowance for the period of parental leave until the child reaches the age of one and a half years.

From January 1, 2007 - the amount of payment of a monthly allowance for the period of parental leave until the child reaches the age of one and a half years to mothers serving as private and commanding personnel in the internal affairs bodies is 40 percent of the average monetary allowance received over the past 12 calendar months preceding the month of parental leave.

The procedure for calculating the monthly allowance is determined Decree of the Government of the Russian Federation of December 29, 2009 N 1100 "On approval of the Regulations on the calculation of average earnings (income, monetary allowance) when assigning maternity benefits and monthly childcare benefits to certain categories of citizens" .

The amount of this allowance is limited by law to the limiting minimum and maximum values, which in districts and localities where district wage coefficients are applied in accordance with the established procedure, are determined taking into account these coefficients.

At present, mothers serving and on maternity leave have a minimum allowance of 2,453 rubles. 93 kopecks, maximum - 9815 rubles. 71 kop.

For citizens subject to social insurance, the maximum allowance is set at 16,241 rubles.

Project

RUSSIAN FEDERATION

THE FEDERAL LAW

Article 1

Include in the Law of the Russian Federation dated
February 12, 1993 No. 4468-1 “On pension provision for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families "(Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 9, Art. 328; Collection of Legislation of the Russian Federation, 1995, No. 49, Art. 4693; 1998, No. 30, Art. 3613; 2002, No. 30 , Article 3033; 2003, No. 27, Article 2700; 2007, No. 50, Article 6232) the following changes:
1) in part 1 of Article 13:
a) in paragraph "a" the words "20 years" shall be replaced by the words "25 years";
“c) persons referred to in Article 1 of this Law, dismissed from service upon reaching the age limit for service, health status, due to illness - on the basis of the conclusion of the military medical commission on unfitness for service or in connection with organizational and staff measures who, on the day of dismissal from service, have served in military service, and (or) in the service in the internal affairs bodies, and (or) in the service in the State Fire Service, and (or) in the service in the bodies for controlling the circulation of narcotic drugs and psychotropic substances, and (or) in the service in institutions and bodies of the penitentiary system for 20 years or more.”;
2) in paragraph 1 of Article 14:
a) in paragraph "a" the words "20 years or more: for 20 years of service - 50 percent of the corresponding amounts of monetary allowance provided for in Article 43 of this Law; for each year of service over 20 years" shall be replaced by the words "25 years or more: for service of 25 years - 65 percent of the corresponding amounts of monetary allowance provided for in Article 43 of this Law; for each year of service over 25 years”;
b) add paragraph "c" with the following content:
“c) persons referred to in Article 1 of this Law, dismissed from service upon reaching the age limit for service, health status, due to illness - on the basis of the conclusion of the military medical commission on unfitness for service or in connection with organizational and staff measures who, on the day of dismissal from service, have served 20 years or more: for 20 years of service - 50 percent of the corresponding amounts of monetary allowance provided for in Article 43 of this Law; for each year of service over 20 years - 3 percent of the specified amounts of monetary allowance, but in total not more than 85 percent of these amounts.

Article 2

Include in Article 2 of the Federal Law of November 7, 2011
No. 306-FZ “On the monetary allowance of military personnel and the provision of certain payments to them” (Collected Legislation of the Russian Federation, 2011, No. 45, Art. 6336) the following changes:
a) clause 13 shall be stated as follows:
"13. The monthly allowance for the length of service to the salary of the monetary content is established in the following amounts:
1) 5 percent - for seniority from six months to 1 year;
2) 10 percent - with a length of service of 1 to 2 years;
3) 25 percent - with a length of service of 2 to 5 years;
4) 40 percent - with a length of service of 5 to 10 years;
5) 45 percent - with a length of service of 10 to 15 years;
6) 50 percent - with a length of service of 15 to 20 years;
7) 55 percent - with a length of service from 20 to 22 years;
8) 65 percent - with a length of service from 22 to 25 years;
9) 70 percent - with a length of service of 25 years or more."
b) add paragraph 13.1 with the following content:
“13.1. Servicemen who are citizens of the Russian Federation and have a length of service of 25 years or more are paid a monthly allowance of 25 percent of the pension that could be assigned to them in the event of their dismissal from military service.
The amount of the allowance increases by three percent for each year in excess of the established minimum length of service, giving the right to receive a pension, but not more than 50 percent of the amount of the pension that could be assigned to persons discharged from military service.

Article 3

Upon dismissal from military service and other types of federal public service until January 1, 2019 for persons who are subject to the Law of the Russian Federation of February 12, 1993 No. , the State Fire Service, the authorities for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families”, the right to retire for long service and to receive a pension for long service on the conditions that were in force before the entry into force of of this Federal Law into force.

Article 4

This Federal Law shall enter into force on January 1
Explanatory note
to the draft federal law "On Amendments to Certain Legislative Acts of the Russian Federation"

The current norms of the Law of the Russian Federation dated February 12, 1993 No. 4468-1 “On pension provision for persons who have completed military service, service in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families" (hereinafter - Law No. 4468-1) provide for the possibility of dismissal from military service with the right to a pension for long service (paragraph "a" of part 1 of Article 13 of Law No. 4468-1) of military personnel and employees who, on the day of dismissal from service, have served in military service and other types of federal public service for 20 years or more (including on a preferential basis).
The main idea of the bill is to secure highly qualified military personnel and employees in the federal public service. Since in most cases, specialists with service experience of 20 years or more have the necessary amount of knowledge, skills and experience, and are also able to perform the tasks assigned to them at a high professional level.
To implement the above idea, it is proposed to increase for military personnel undergoing military service under a contract, employees with special ranks and serving in the internal affairs bodies of the Russian Federation (hereinafter referred to as internal affairs bodies), in institutions and bodies of the penitentiary system, the federal fire service of the State fire service, authorities for control over the circulation of narcotic drugs and psychotropic substances and the customs authorities of the Russian Federation, as well as prosecutors, scientific and pedagogical workers from among the prosecutor's employees, employees of the Investigative Committee of the Russian Federation, the lower limit of the length of service, giving the right to a pension for the length of service ( paragraph "a" of Article 13 of Law No. 4468-1), from 20 years to 25 years and, as a result, adjust the size of the specified pension.
In order to prevent changes in the current legal regulation that have an adverse effect on the legal status of citizens, to comply with the principle of maintaining citizens' confidence in the law and the actions of the state, to provide citizens with the opportunity to adapt to the changes made during the transition period, the draft law provides for establishing an “increased” amount of the monthly allowance for years of service, an additional monthly allowance of 25 percent of the pension that could be assigned to them in the event of their dismissal from military service, as well as retain the right to retire for years of service and the assignment of an appropriate pension to persons covered by Law No. 4468- 1, in case of their dismissal before January 1, 2019 from military service and other types of federal public service.
The mechanism for implementing the Federal Law is determined by decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, legal acts of federal state bodies.

2014.

The president
Russian Federation V.Putin