Basic part of old age pension. Basic and insurance - two components of your pension from the state

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10.08.2019
“About funded pension”, as well as approved changes and additions to the existing regulations related to pension provision.

These changes took effect from January 1, 2015 and continue to operate to this day. New pension reform in currently not developed.

As part of this stage of the reform, the labor pension will be converted into insurance and funded. In this case, a citizen can transfer part of the contributions at his discretion to any non-state pension fund or management company (private or public). The selected organization will invest contributions and increase the amounts over time pension savings.

For citizens who have reached retirement age and receiving pension benefits, but, an increase not expected.

Installation in an enlarged size

There are a number of categories of citizens to whom the minimum portion of the accrual is paid in an increased amount. These include disabled people, northerners, pensioners 80 years of age or older, and citizens with dependents.

  • To be paid for disability when working at RKS their EF increases by 50%, and when working in areas equivalent to such areas - by 30%.
  • At reaching 80 years old the assigned payment is doubled.
  • In the presence of disabled dependents The PV increases by 1,660.97 rubles for each disabled person (up to 3 people). If you have experience in the RKS, the additional payment increases by 1.5 times, and if you have experience in areas equivalent to the KKS - by 1.3 times.

Also, for those living in the Far North and equivalent areas, the payment is set in an increased amount on regional coefficient .

Insurance pension without fixed payment

However, insurance pension provision for such citizens is established without taking into account the amount fixed payment .

According to Federal Law dated December 28, 2013 N 400-FZ, in order to receive funds, these pensioners must meet the following criteria:

  • have a certain amount of individual pension coefficients(13.8 in 2018);
  • have a payment for long service or in connection with disability from the state;
  • at least 9 years in 2018, followed by an increase of one year annually up to 15 years;
  • achievement - 55 years for women and 60 for men.

Increase factor for late retirement

According to pension legislation, the insured person, in order to increase, can independently determine the date of assignment of the pension. It became profitable to apply for her appointment at a later age, since increasing factors are now applied to the insurance pension and fixed payment.

The size of the increase due to bonus coefficients when applying for payment later than retirement age depends on the number of years for which the citizen postpones retirement.

The number of years giving the right to increasing coefficients is determined from the moment the right to payment arises until the day of its assignment, but not earlier than January 1, 2015.

Insured persons who are already receiving a pension also have the right to increase benefits through premium coefficients. In this case, they need to submit an application for refusal to receive an already accrued insurance pension. Upon expiration of the planned period, which should be at least 12 months, the accrual will be restored at the request of the insured person, and increasing factors will be applied to the payment. The increase depends on the number of years for which the benefit is deferred, which is regulated by applications and law “About insurance pensions”.

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SP st = IPK x SPK + FV,

  • SP st- the amount of old-age insurance pension;
  • SPK- the cost of the pension point at the time of payment (in 2018 - 81.49 rubles);
  • FV- fixed payment (discussed below).

IPC = SV / SV max x 10,

  • NE - insurance premiums paid by the employer at the rate chosen by the citizen. This can be 10% or 16% of the annual gross salary, depending on whether it is formed funded pension or not;
  • CB max- the totality of insurance contributions that the employer pays from the maximum contribution base at a rate of 16%.

It is worth noting that maximum size The contribution base was increased and now in 2018 is 1021 thousand rubles.

Conversion of labor pensions established before January 1, 2015

Current legislation provides preservation of pension rights, which were formed by citizens before January 1, 2015.

In other words, if you have already been assigned an old-age insurance payment, its amount will be (recalculated based on your individual indicators) according to the new formula.

In this case the value pension point for all periods before January 1, 2015 will be determined based on the size of the pension (excluding the fixed base amount and insurance share), divided by the cost of one pension coefficient, based on its value as of January 1, 2015. Then, according to the law the cost of odds increases twice a year (the second time if possible by the state), based on rising prices, accordingly, the size of the pension also increases.

It is worth noting that if the amount of payments after conversion turns out to be less than before recalculation, then based on Part 3 of Article 34 of the Federal Law “About insurance pensions”, the pensioner will receive an insurance pension in the same (larger) amount.

Recalculation of old-age insurance pension

In the case when a citizen receiving an old-age insurance payment continues to work, the Pension Fund continues to receive pension contributions. Accordingly, in such a situation, the pensioner has the right to.

If it is necessary to recalculate the amount, the citizen must apply for recalculation to the pension fund department. It is worth noting that the preparation and submission of all documents attached to the application falls on the applicant.

Amount of old age insurance payments may change for the better under the following conditions:

  1. Increase in the value of the pension point for periods before January 1, 2015.
  2. Increase in amount pension points received in the periods after January 1, 2015 and before the appointment of a pension, counted as insurance experience (the period of receiving benefits at the labor exchange, maternity leave, passage military service etc.), described in detail in Article 12 of the Federal Law “About insurance pensions”.
  3. An increase in the value of the pension point, based on the amount of contributions to the Pension Fund of the Russian Federation, not taken into account when assigning an old-age insurance pension.

Recalculation is carried out according to the formula:

SP st = SP stp + (IPK i x SPK),

  • SP st- the amount of old-age insurance payment;
  • SP STP- the amount of the pension as of July 31 of the year of recalculation;
  • IPC i- the value of the pension point as of January 1 of the year of recalculation, based on the amount of contributions to the Pension Fund of the Russian Federation that were not taken into account when assigning an old-age insurance pension, switching from another type of pension or recalculation made earlier;
  • SPK- the value of the pension point on the day of recalculation.

If the citizen is a working pensioner, the employer can apply for a recalculation of this payment for its employees, but only if there is their written consent.

Share of old-age insurance pension to long-service pension

If a citizen is a long-service pensioner, has at least 15 years of experience and is eligible for old age, including early retirement, he has the right to assign a share of the old-age insurance pension to the long-service pension.

In this case, the amount of pension points for at least 12 months after is taken into account. We emphasize that in this case these points are already cannot be used when recalculating pensions.

To calculate the share of old-age payments to the long-service pension, you need to use the formula described in Article 19 of the Federal Law “About insurance pensions”.

SD = (SD s / SPK k + IPK i) x SPK,

  • SD- share of old-age insurance pension;
  • SD with- the share of the old-age insurance pension determined as of December 31, 2014;
  • SPK to- the cost of a pension point;
  • IPC i- the value of the pension point from the moment of retirement according to length of service until the assignment of a share of the old-age insurance pension.

Subject to an increase in the amount of pension coefficients, from the calculation of insurance premiums that were not taken into account when assigning the share of the old-age insurance payment or during the previous recalculation, the insurance share is recalculated from August 1 of each year.

Payment of old-age insurance pension

As mentioned above, after 10 working days from the date of submission of the application and all necessary documents(or representations missing documents), the Pension Fund of the Russian Federation assigns an old-age insurance pension to a citizen. She will be monthly, and the pensioner has the right on one's own choose the method of receiving this payment.

Citizens can receive a pension in the following ways(including through a proxy):

  • To a bank account. In this case, the pensioner can withdraw funds either directly from the account or using a bank card.
  • Via Russian Post. By choosing this option, the pensioner will receive payments at the post office or directly to their home.
  • Through a third party, engaged in the delivery of pensions. Citizens should find out the list of such organizations through territorial body pension fund. Otherwise, the procedure and terms of payments are identical to the option with Russian Post.

Suspension and termination of payment

  • in the event of the death of a pensioner or his recognition as missing;
  • If foreign citizen or the stateless person has not submitted documents confirming a residence permit in the Russian Federation after the expiration of 6 months;
  • if a citizen loses the right to an old-age pension - due to the unreliability of the data presented in the documents when assigning insurance payments;
  • in case of voluntary refusal to receive an insurance pension.

Conclusion

So, from 2015 they came into force new conditions for the formation of labor pensions, which apply with some changes to this year 2018. Perhaps they are somewhat difficult to understand due to the fact that a different system is used for calculating the amount of pension payments through the transfer of insurance contributions into points.

Once again we designate the most important points:

  • Insurance experience and “white” (official) salary are the key to large size pensions.
  • It is better to start preparing documents for applying for a pension in advance - this increases the opportunity to receive a pension exactly when you are entitled to it.
  • As consumer prices rise, so does the size of payments.

Citizens Russian Federation, who carried out labor activity officially, guaranteed by the state insurance pension by old age. Not long ago, the system of assigning and calculating pension payments in the Russian Federation underwent reform. Let's look at what old-age insurance is and what its size is in 2019.

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Concept

IN regulatory framework a complete definition of the described preference is given. An old-age insurance pension is monthly deductions from the budget Pension Fund Russia (PFR) to recipients.

Such payments are characterized as conditionally accumulative. Their purpose is to compensate citizens for income lost due to loss of ability to work.

Attention: financing of insurance pensions is carried out on the basis of the principle of distribution of joint income of the Pension Fund.


 IN What is the difference from labor previous years

  1. in the relevant legislation, the pension was designated as a labor pension. After the reform, this term was replaced by insurance payments. The difference lies in the principle of taking into account the contribution of a citizen, which gives the right to assign maintenance in old age. Previously, a count was carried out total experience
  2. work. Its size influenced the amount of the pension payment.
    • Now the periods are taken into account: insurance period
    • - the time when contributions were made to the Pension Fund for the worker;
    • included in the list of exceptions, namely:
    • child care;
    • care for disabled people of group 1; and citizens who have crossed the 80-year-old threshold;
    • conscript service;
some others.

Attention: non-insurance periods are taken into account in the calculation of accruals only for citizens who were employed before or immediately after them. Starting from 2015, the right to a pension is taken into account in points or coefficients.

These indicators are converted into rubles based on the government-approved price of one point.

Conditions for receiving insurance pension payment The most common payment in favor of citizens from the Pension Fund budget for 2019 is an insurance pension.

The conditions for obtaining an insurance pension assigned in connection with age-related disability are contained in the eighth article of the law “On Insurance Pensions”. These include:

  1. The citizen has reached the age specified in the text of the document.
  2. Availability of confirmation of transfers to the Pension Fund budget of contributions within strictly certain period or more.
  3. Presence in pension matters information on the minimum number of individual coefficients.

Do you need information on this issue? and our lawyers will contact you shortly.

Specific Condition Parameters

These three rules are mandatory and sufficient to receive permanent old-age benefits. Only some boundary indicators are currently subject to change.

  • The general age remains the same for now:
    • 55th anniversary for women;
    • 60th birthday for men.

Attention: the law establishes a list of conditions under which it is possible preferential appointment pensions up to the established age threshold. There are also cases where the retirement age is higher than the general one. In particular, among civil servants.

  • The length of service should ideally be 15 years. However, such a requirement will only be established by 2024. For 2019 it is 10 years, as the process is ongoing gradual transition to new insurance conditions.
  • The same applies to the indicator of individual coefficients (points). By 2025, a citizen who has accumulated 30 points will be able to apply for an insurance pension.
For reference: until 2015, pensions were awarded to citizens whose work experience exceeded 5 years.

Who is entitled to a preferential pension?


There are two legally defined large groups citizens who can apply for early social payments from the Pension Fund of Russia. They are divided according to the following criteria:

  • working conditions;
  • belonging to certain social categories.

Information on specific preferential conditions is contained in the current legislation:

  1. Thus, the first group usually includes people who worked certain time in hazardous conditions, in hazardous industries, in the Far North. Professions are listed in special lists. However, they will take into account preferential terms when the worker can prove the transfer increased amounts to the Pension Fund budget. It must be carried out by the enterprise.
  2. Benefit recipients based on social characteristics include:
    • mothers of many children (five or more children);
    • parents raising disabled children;
    • disabled people injured during hostilities;
    • and others.

Important: use the right to early appointment Maintenance in old age is possible subject to the availability of:

  • insurance period determined by law;
  • belonging to one of the preferential categories;
  • minimum score: 16.2 in 2019.

Amount of old age insurance payment


A fundamentally new methodology was developed in such a way that the final old-age payments depended on:

  • the duration of official periods of employment;
  • sizes wages;
  • age for applying for a pension.

The logic of the process of forming a joint pension budget is as follows:

  1. When a worker is officially registered, the company makes a contribution to the Pension Fund for him, equal to 22% of his salary (with the exception of certain amounts).
  2. The contribution amount is transferred to individual odds(IPK) and is taken into account in the personal file.
  3. The number of points directly depends on:
    • the amount of the contribution (i.e. salary);
    • duration of payments.
Attention: the principle of the new calculation is based on the interest of workers in increasing pension payments in old age. The more a person works, the higher his salary.

Structure of insurance pension accruals by age


The insurance pension consists of two parts, calculated separately. It includes the following components:

  • basic;
  • premium.

The latter depends on the coefficients accumulated over the years of work. And the basic or fixed component (BC) is the same for all citizens. It is part of the state-guaranteed pension.

In addition, for certain categories of citizens, an increase in the fixed component has been established. These include:

  • disabled people of group 1;
  • elderly citizens who have crossed the 80-year-old threshold;
  • people who worked or lived in the regions Far North or equivalent (multiples of the established coefficients for these territories).
Attention: to stimulate more late treatment Increasing coefficients have been introduced for old-age pensions. They apply to both components of payments.

Formula for calculating pension benefits


 Despite the complexity of the methodology, the calculation is quite simple. Thus, PFR specialists have been using the following formula since 2015:

  • RSP = IPC x SOB + BV, where:
  • RSP - indicates the size of the final old-age insurance payment;
  • IPC - as indicated above, accumulated individual coefficients or points;
  • GSS - the equivalent of one point in rubles, determined on the date of appointment;
  • BV - basic payment.
Attention: fixed indicators from the formula (BV and SOB) are established by the government of the Russian Federation and are subject to indexing annually.

It is worth noting that this formula applies equally to all citizens. Those for whom production was transferred to the Pension Fund before 2015 will have their contribution amounts converted into points.

Amount of basic (fixed) payment in 2019


In accordance with the federal budget law for 2017, the basic payment was increased by 5.8%. Its amount was 4823.37 rubles. However, not all pensioners received such a component in 2017.

In 2016, the government came to the conclusion that there was not enough money to index pensions. It was decided to leave working recipients of old-age benefits without the annual increase associated with inflation processes.

Attention: the basic indicator for working pensioners remained at the 2016 level - 4558.93 rubles. In 2018, after indexation, it was equal to 4982.9 rubles. Download for viewing and printing:

How is old-age insurance determined?


When appropriate legal conditions arise, the applicant should write an application at the nearest Pension Fund branch. You can do this:

  • personally;
  • by post;
  • through a representative;
  • on the official website of the Pension Fund (via the Internet);
  • in a multifunctional center (if there is one in the city).

The general rules for processing applications are as follows:

  1. Pension payments are assigned from the date of application, but not earlier than the right to them;
    • an exception is the case of application within a month from the date of dismissal (the date of calculation of the insurance pension is considered to be the day following the termination of employment);
  2. Pension Fund specialists are given ten working days to process documents:
    • exceptions are cases when additional documents are required;
    • three months are allotted for such work without changing the date of assignment of the pension;
  3. A justified refusal is sent to the applicant’s address within five days;
    • the letter must indicate the terms and conditions for appealing it.
Important: an insurance pension is assigned in connection with the achievement age limit labor indefinitely, that is, the decision does not contain data on the end of the transfers.

List of required documents


There are a number of documents that will be required in mandatory. So, it is recommended to have originals and copies of the following documents with you:

  • the applicant’s passport or residence permit for foreigners (they limit the period for assigning pension accruals);
  • certificates of mandatory pension insurance(SNILS);
  • work book, certificate of work at enterprises, if the data is not included in an official document;
  • income data for 60 consecutive months work book.
Important: the amount of the final payment will be calculated based on the income certificate. Therefore, the applicant is allowed to independently choose the most profitable period.

However, periods of high income must meet the following conditions:

  • cover a full 60 months, with the exception of periods when the citizen did not work officially;
  • follow each other in the work book (excluding any is not allowed).
Attention: Pension Fund specialists will independently study data on the applicant’s salary starting from 2000. The most profitable period will be selected. Important: often other papers are required to assign a payment. The PFR specialist informs the applicant about this. Information stored in government agencies is obtained by the latter independently.

Example of calculating the minimum old-age pension


To determine what the smallest amount of insurance payment is, you can use the above data for 2018:

  • basic payment 4,982.9 rubles;
  • the cost of one point is 81.49 rubles;
  • the number of minimum required coefficients is 13.8.

Substituting everything into the formula, we get:

11.4×78.58 rub. + 4823.37 rub. = 6106.56 rub.

Important: the amount received is significantly lower living wage. Such insurance pensions are subject to federal supplements, which increase their size.

Where do you receive old age pensions?


 The method of listing the content is determined by the applicant during the writing of the application. Typically, the following enumerations are used:

  • through the post office;
  • to a bank account.
Attention: the application must contain accurate and reliable information about the relevant details of the recipient.

The method of transferring money can be changed by the recipient on his own initiative. To do this, you should write an application at the Pension Fund office.

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To quickly resolve your problem, we recommend contacting qualified lawyers of our site.

Indexation is the protection of the population from inflation by increasing payments (pensions, benefits, salaries for public sector employees) by the percentage by which prices increased due to inflation.

In the Russian Federation pension accruals citizens consist of the following parts:

  1. Basic (credited to all citizens: unemployed, homeless, everyone who has a passport is entitled to it).
  2. Insurance (depends on contributions to the Pension Fund).
  3. Cumulative (applies only to citizens born after 1967, depends on the results of investing contributions).

The size of the basic pension increased twice in 2019 – in February and April.

About how much it should grow state aid working and non-working pensioners, about the basic pension in 2019 in Russia and about the government’s further plans for increasing them, this article.

To whom is the basic part of the pension accrued?

The basic (fixed) part of the pension is accrued to all citizens of the Russian Federation, regardless of their length of service. All citizens of the Russian Federation apply for it, including those who, for one reason or another, have never worked.

Fixed payments are calculated in accordance with the following parameters: Old age.

  • Old age.
  • Disability.
  • Maintenance of a dependent.
  • Having northern experience.
  • Work in agriculture.
  • Living in the regions of the far north.

The size of fixed accruals must constantly increase, as stated in Article 16 of the Law “On Insurance Pensions”. The main provisions are:

  1. Fixed payments must increase annually. The amount of the increase must correspond to the percentage of inflation. Recalculation must occur no later than February 1. The percentage of inflation by which benefits should increase is taken for the previous calendar year.
  2. On April 1, the State Duma may decide on a second increase. The decision must be made in accordance with the financial capabilities of the pension fund.

The basic pension in 2019 was fully indexed, unlike in 2019. Then the inflation rate reached almost 13%, and old-age payments increased only by 4%. In order to somehow compensate for the shortfall, a decision was made to provide one-time assistance in the amount of 5,000 rubles. According to the Pension Fund, all pensioners, including those who continue to work, received this money.

The size of the basic part of the labor pension from February 1, 2019

From February 1, 2019 basic pension for old age increased by the percentage of inflation (it is determined by Rosstat). According to official data, the cost consumer basket increased by 5.4%, which is the percentage of inflation. In April, it was decided to increase it by another 0.38. Thus, the amount of the basic labor pension in 2019 as of April 1 is 4,824.3 rubles.

If a person’s age exceeds 80 years, then the amount of the basic benefit for him increases by 100%. This year, pensioners over 80 receive 9,648.6 rubles.

The unpleasant thing was that, in accordance with the state’s decision to suspend accruals for working pensioners until 2019, the basic part of the pension in 2019 as of 01.04 for them remained the same.

True, the government accommodated the working people and, as of August 1 of this year, the fixed benefit for them increased. This was not traditional indexation, where the size of payments increases by a percentage of inflation. The increase depends on what contributions to the Pension Fund were received from the employing organization. The second criterion is the number of “Pension Points” that were earned by the pensioner during his well-deserved retirement.

But the state has established a certain restriction - the amount of the increase should not exceed the value of three “pension points”. In terms of rubles - only 222.

Basic part of the disability and dependent support pension in 2019

In the Russian Federation the right to increased pension Only disabled people of group I have. The Federal Law states that in case of disability of a non-working group, a citizen receives benefits with a 100% premium - that is, 2 times more than the minimum accrual.

Accordingly, if a person applying for pension payments has a Group I disability, then the basic disability pension for him in 2019 is 9,648.6 rubles.

If a pensioner supports a disabled dependent (grandson under 18, disabled child), then the fixed accruals for him increase.

About this - Part 3 of Article 17 of the Federal Law No. 400: “For persons who are dependent on disabled family members “…” an increase in the fixed payment to the old-age insurance pension and to the disability insurance pension is established in an amount equal to one third of the amount provided for in Part 1 Article 16 of this Federal Law, for each disabled family member, but not more than for three disabled family members.”

As of 04/01/2018, the basic part of the labor pension for persons supporting a dependent is 6,430.7 rubles.

The basic part of the labor pension in 2019 for persons who worked in the Far North

Part 4 of Article 17 of Federal Law No. 400:

“Persons who have worked for at least 15 calendar years in the regions of the Far North and with an insurance record of at least 25 years for men or at least 20 years for women, an increase in the fixed payment to the old-age insurance pension and to the disability insurance pension is established in an amount equal to 50 percent of the amount of the established fixed payment to the corresponding insurance pensions "..." For the specified persons who have reached the age of 80 years or are disabled people of group I and (or) who are dependent on disabled family members "..." increases in the fixed payment "..." are additionally increased by an amount equal to 50 percent of the amount of the corresponding increase in the fixed payment" .

Accordingly, for people who worked in that area, the amount of the basic part of the pension in 2019 after indexation in April is equal to 7,236.45 rubles.

For persons working in regions equated to the Far North for at least 20 years, the benefit increases by 30%. For them base size labor pension in 2019 is 6,271.5 rubles.

In 6 tbsp. This law also refers to pensioners who worked both in the regions of the Far North and in equivalent areas. Each year of work experience in a region equated to the Far North is counted as 9 months of work in the Far North.

The amount of the basic labor pension in 2019 for residents of the Far North

For such citizens, a special procedure for calculating the basic part of the labor pension in 2019 is provided. Each region has a coefficient by which state aid is increased.

“For persons living in the regions of the Far North and equivalent areas, an increase in the fixed payment to the insurance pension, “…” is established in an amount equal to the increase in the fixed payment to the insurance pension, increased by the corresponding regional coefficient established by the Government of the Russian Federation depending on the region (localities) of residence, for the entire period of residence of these persons in these areas (localities)" - part 9 of article 17 of Federal Law No. 400."

Part 10 of the same law states that if a pensioner moves to another northern region, then a recalculation is made in accordance with the coefficient of the region where the citizen moved. If you move outside the Far North, the coefficient is completely removed.

Labor basic pension in 2019 for agricultural workers

Workers in the fields and on farms also have the opportunity to receive an increase in benefits. If a citizen has work experience in agriculture of 30 years or more, and lives in rural areas to this day, fixed aid increases by 25%.

Consequently, the basic labor pension in 2019 for agricultural workers is 6,030.3 rubles.

If the benefit is issued only in 2019, then the size of the basic part of the pension will be at least 4,824.3, and allowances will be calculated in accordance with the legislation of the Russian Federation. If you have a dependent, then the amount increases by a third; if you also have work experience in the Far North, then by 80%. The most important thing is to provide the Pension Fund with all the documents confirming your rights to an increase in the fixed benefit.

Labor pension old age benefits are monthly government benefits paid to citizens who have reached the age established by law and have at least five years of insurance coverage. The insurance period includes all periods of labor or other activities carried out by a person, during which he paid insurance contributions to the Pension Fund of the Russian Federation. Respectively insurance experience And work activity– interrelated concepts that make it possible to establish the right to a labor pension, which implies compensation for labor based on the insurance period. It must be said that the provision that an employee acquires the right to an old-age pension with only five years of insurance experience has become a novelty in Russian legislation. Before pension reform The legislation established 20 years of work experience for women and 25 years of work experience for men as the basis for acquiring the right to an old-age pension.

In accordance with Art. 2 of the Federal Law “On Labor Pensions” labor pension- this is monthly cash payment in order to compensate citizens for wages or other income that the insured persons received before the establishment of their labor pension or lost disabled family members of the insured persons in connection with the death of these persons, the right to which is determined in accordance with the conditions and standards established by the Federal Law “On Labor pensions." Thus, as follows from the definition of a labor pension given by the legislator, those persons who are insured in the compulsory pension insurance system have the right to a labor pension. Article 7 of the Federal Law “On Compulsory Pension Insurance in the Russian Federation” establishes a list of persons subject to insurance in the compulsory pension insurance system and at the same time having the right to assign them a labor pension. Exactly which categories of persons are entitled to receive a labor pension, including an old-age labor pension, have already been discussed in this work in Chapter 2, paragraph 2.2.

The second feature of a labor pension, which is indicated by legislation, is the frequency of this type of payment. The labor pension is paid, as stated, regularly and once a month.

The main guarantor pension provision in the Russian Federation the state acts. The state provides funding for the basic part of labor pensions through transfers from the federal budget. The Pension Fund of the Russian Federation, as a state body, performs all functions related to pension provision, primarily the functions of accumulating finances necessary for paying pensions. The Pension Fund ensures regular monthly payments, timely delivery and payment of pensions in full.

The right to payment of a labor pension arises for men upon reaching the age of 60 years, for women at the age of 55 years, with the exception of those cases when the right to an old-age labor pension arises on preferential terms that establish the right to a labor pension for certain categories of persons in aged under 60 and 55 years, respectively.

3.2. General grounds determining the right to an old-age pension

The rights of citizens to social security based on age are ensured by the norms of both international and Russian legislation. First of all, the grounds determining the right to an old-age pension include constitutional provisions. Article 7 of the Constitution of the Russian Federation establishes that in the Russian Federation the labor and health of people are protected, a minimum guaranteed minimum size wages, and is also provided governmental support disabled and elderly citizens, the system is developing social services, are installed state pensions, benefits and other guarantees of social protection.

Article 39 of the Constitution of the Russian Federation guarantees every citizen of the Russian Federation social security by age, in case of illness, disability, loss of a breadwinner, for raising children and in other cases established by law. In accordance with the Federal Law “On Labor Pensions in the Russian Federation,” state pensions and other social benefits. These provisions of the Constitution of the Russian Federation are fundamental. All legislative acts related to pensions in Russia are adopted on the basis of these provisions. Such legislative acts include the Federal Law “On Labor Pensions”, which establishes the provision that labor pensions, including the old-age labor pension, are paid only in accordance with this legislative act. The provisions of the Federal Law “On Labor Pensions” are supplemented and clarified by other federal laws containing provisions on pension provision. These include primarily: the Federal Law “On Compulsory Pension Insurance” and the Federal Law “On State Pension Security in the Russian Federation”, as well as other laws, subordinate regulatory legal acts and a number of decrees of the Government of the Russian Federation.

Article 15 of the Constitution of the Russian Federation in paragraph 4 establishes the priority of generally recognized principles and norms of international law, as well as international treaties of the Russian Federation over Russian legislation. If an international treaty of the Russian Federation establishes rules other than provided by law, then the rules of the international treaty apply. These constitutional provisions also apply to the rules on labor pensions. If the norms of the Federal Law on Labor Pensions do not correspond to the current international treaties of the Russian Federation, then the norms of the corresponding international treaty of the Russian Federation are applied.

Among the international acts providing for the rights to social security, including the right to an old-age pension, currently in force on the territory of the Russian Federation, we first note the Universal Declaration of Human Rights of 1948, adopted at the third session of the UN General Assembly. Article 22 of the Universal Declaration of Human Rights states that every person, as a member of society, has the right to social security. In Art. 25 of the same document states that every person has the right to social security in the event of old age. This provision is a fundamental recognition of the right to social security in the event of old age.

Another important international treaty concluded by the Russian Federation is the Agreement of March 13, 1992 on guarantees of the rights of citizens of member states of the Commonwealth Independent States in the field of pension provision, signed by representatives of Russia, Armenia, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Uzbekistan and Ukraine. The Agreement specifies that each Commonwealth member state must be responsible for the pension provision of its citizens. At the same time, the participating states that signed this agreement, recognize their “obligations in relation to disabled persons who have acquired the right to pension provision on their territory or on the territory of other republics during the period of their entry into the USSR and exercise this right on the territory of the states parties to the Agreement, recognizing the need strict compliance obligations under international agreements concluded by the USSR on pension issues.”

Among other international acts on pension provision, we highlight the acts signed by the Government Soviet Union and currently operating on the territory of the Russian Federation. These include: Agreement between the USSR and the Czechoslovak Republic on social security of December 2, 1959, Agreement between the USSR and the Romanian People's Republic on cooperation in the field of social security of December 24, 1960, Agreement between the USSR and the Hungarian People's Republic on cooperation in the field of social security of December 20, 1962, Agreement between the USSR and the Mongolian People's Republic on cooperation in the field of social security dated April 6, 1981, agreement between the Russian Federation and the Kingdom of Spain on social security dated April 11, 1994, Agreement between the Government of the Russian Federation and the Government of the Republic of Moldova on guarantees of citizens' rights in the field of pensions provision dated February 10, 1995, Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on guarantees of pension rights of residents of the city of Baikonur of the Republic of Kazakhstan dated April 27, 1996, Agreement between the Government of the Russian Federation and the Government of Georgia on guarantees of the rights of citizens in the field of pension provision dated May 16, 1997, etc.

3.3. Preferential grounds determining the right to an old-age pension

Besides common grounds assignment of an old-age labor pension, the Federal Law “On Labor Pensions” provides preferential grounds for the assignment of a pension, according to which an old-age labor pension can be assigned before the age established by law. Provisions on preferential grounds for assigning an old-age labor pension are contained in Art. 27 and 28 of the Federal Law “On Labor Pensions”.

Article 27 of the Federal Law “On Labor Pensions” contains a list of categories of workers who, in cases established by law, can retire before the age of 60 for men and 55 for women. These categories include:

1) persons who worked in underground work, in work with harmful conditions labor and in hot shops;

2) persons who worked in jobs with difficult working conditions;

3) women who worked as tractor drivers, drivers of construction, road and loading and unloading machines for at least 15 years;

4) women who have worked for at least 20 years in the textile industry and in jobs with increased intensity and severity;

5) persons who worked as locomotive crew workers, as workers directly organizing transportation and ensuring traffic safety on railway transport and metro, as truck drivers directly in technological process in mines, open-pit mines, mines, ore quarries for the removal of coal, shale, ore or rock;

6) persons who worked in expeditions, parties, detachments, on sites, in teams directly on field geological exploration, search, topographic and geodetic, hydrological, forest management, survey work;

7) persons who worked as workers, craftsmen directly at logging sites, timber rafting, including work on servicing mechanisms and equipment;

8) persons who worked as machine operators (docker-mechanizers) of complex teams during loading and unloading operations in ports;

9) persons who worked as crew members on sea vessels, river fleet and fleet fishing industry, with the exception of those who worked on port ships, constantly working in the port waters, on service and auxiliary and crew ships, commuter and intracity ships;

10) persons who worked as drivers of buses, trolleybuses, trams, on regular city passenger routes;

11) persons who, during their working life, are directly employed full time in underground and open-pit mining operations for the extraction of coal, shale, ore and other minerals, in the construction of mines and mines;

12) persons who worked on ships navy fishing industry, work on the extraction and processing of fish, seafood and work on receiving finished products in the fishery;

13) persons who worked as civil aviation flight personnel;

14) persons who worked in direct control of civil aviation flights;

15) persons who worked as engineering and technical personnel in direct maintenance of civil aviation aircraft;

16) persons who worked in professional emergency rescue services and units of the Ministry of Emergency Situations of Russia;

17) persons who worked with convicted persons as workers and employees of institutions executing criminal penalties in the form of imprisonment;

18) persons who have worked for at least 25 years in government positions fire service, Russian Emergency Situations Ministry;

19) persons who have carried out work for at least 25 years pedagogical activity in institutions for children, regardless of their age;

20) persons who carried out medical or other activities to protect public health in health care institutions;

21) persons who carried out creative activities on stage in theaters or theatrical and entertainment organizations.

Conditions of appointment preferential pensions, provided for in Art. 27 of the Federal Law “On Labor Pensions” depend on the length of work experience in the specified areas of work, as well as on the duration of the total insurance period. The retirement age on preferential terms ranges from 40 to 55 years, depending on the gender of the person and working conditions.

Article 28 of the Federal Law “On Labor Pensions”, as well as Art. 27 of the same Law, provides preferential grounds for assigning an old-age labor pension. In accordance with Art. 28 old-age labor pension can be assigned earlier than established by law retirement period for the following categories of persons:

1) women who have given birth to five or more children and raised them until they reach the age of eight;

2) one of the parents of disabled children who raised them until the age of eight;

3) women who gave birth to two or more children and worked in the Far North or equivalent areas;

4) disabled people due to military trauma;

5) visually impaired;

6) citizens suffering from pituitary dwarfism (midgets) and disproportionate dwarfs;

7) persons who worked in the Far North and equivalent areas;

8) persons permanently residing in the regions of the Far North and equivalent areas, who worked as reindeer herders, fishermen, and commercial hunters.

Retirement by age on preferential terms provided for in Art. 28 of the Federal Law “On Labor Pensions”, is accompanied by conditions for the presence of an insurance period of a specified duration and varies depending on the gender of persons applying for an old-age labor pension.

3.4. Amounts of old-age labor pensions

3.4.1. The size of the basic part of the labor pension (BC)

The procedure for determining the size of labor pensions is determined by Ch. 4 of the Federal Law “On Labor Pensions”. The size of old-age labor pensions is determined by Art. 14 of the Federal Law “On Labor Pensions”. As mentioned above, the old-age labor pension consists of three parts: basic, insurance and funded; its size is determined by adding these three parts.

The basic part is guaranteed and established by the state monthly payments in a fixed amount of money. Currently, the size of the basic part of the old-age labor pension is 1,950 rubles. per month. For some categories of persons, the amount of the basic part of the old-age labor pension is set at an increase in relation to the general amount. Elderly and disabled people are constantly in need of outside care, which is associated with additional financial costs, so for these categories of people the basic part of the labor pension is set at increased size. The size of the basic part of the old-age labor pension for persons who have reached 80 years of age is 3,900 rubles. per month.

The same amount (3,900 rubles per month) is set for the basic portion of disabled people with limited ability to work. activities III degrees.

Also, an increased amount of the basic part of the labor pension is established for persons who have dependent disabled family members. If there is one dependent family member, the size of the basic portion is 2,600 rubles. per month, if the pensioner has two dependent family members - 3,250 rubles. per month, if there are three or more dependent family members - 3900 rubles. per month.

If a pensioner whose dependent family members have reached the age of 80 or is a disabled person with a third degree limitation in the ability to work, then an even higher amount of the basic part of the pension is established.

If there is one family member dependent on a pensioner who has reached the age of 80 or has a third degree limitation in the ability to work, the basic part of the labor pension is paid to him in the amount of 4,550 rubles. per month. If such a pensioner is dependent on two family members, then the size of the basic portion is 5,200 rubles. per month, if there are three or more family members, then the size of the basic part is 5850 rubles. per month.

The increased amount of the basic part of the labor pension is established for persons living or working in the Far North or equivalent areas. For persons living in the Far North or equivalent areas, the size of the basic portion is increased by the corresponding regional coefficient. These coefficients are established by the Government of the Russian Federation and depending on the area of ​​residence. If a pensioner leaves for a new place of residence, then the size of the basic part of his pension is established in accordance with the coefficients of the new place of residence or without taking into account the coefficients, if the new place of residence does not belong to the category of regions of the Far North and equivalent areas. For persons who have worked in the Far North for at least 15 years and have at least 20 years of insurance experience, the basic portion of the old-age labor pension is set at 2,925 rubles. per month, except in cases where these persons have reached 80 years of age, have a third degree limitation in the ability to work, or have dependent disabled family members. If this category of persons is dependent on one disabled family member, the basic part of the pension is paid in the amount of 3,900 rubles. per month, if they have two dependent family members - 4875 rubles. per month, if there are three or more dependent family members - 5850 rubles. per month.

For pensioners in this category who have reached the age of 80 or have a third-degree disability in the ability to work, the basic part of the labor pension is set at 5,850 rubles. per month. If pensioners in this category have reached the age of 80, have a third degree limitation in their ability to work, and at the same time have dependent disabled family members, then the size of the basic part of the labor pension will be: if there is one dependent family member - 6825 rubles. per month, if there are two dependent family members - 7800 rubles. per month, if there are three or more dependent family members, the size of the basic portion will be 8,775 rubles. per month.

Also, the basic part of the labor pension is established at an increased rate for persons who have worked for at least 20 years in areas equated to the regions of the Far North, provided that they have at least 20–25 years of insurance experience. For this category of persons, the basic portion is set at 2,535 rubles. per month. If persons in this category have reached the age of 80 years or have a third degree limitation in the ability to work, the size of the basic portion is 5,070 rubles. per month. If they are dependent on disabled family members, then if there is one such family member, the size of the basic portion will be 3,380 rubles. 60 kopecks per month, if a pensioner of this category has two dependent family members, the amount of the basic part is 4225 rubles. per month, if there are three or more dependent family members, the basic portion is paid in the amount of 5,070 rubles. per month. If a pensioner of this category has reached the age of 80 or has a third degree limitation in the ability to work and at the same time has dependent disabled family members, then if there is one family member, the basic portion is paid to them in the amount of 5915 rubles. per month, if there are two family members, they are paid 6,760 rubles. per month, if there are three or more family members - 7605 rubles. per month.

3.4.2. The amount of the insurance part of the labor pension (SP)

The size of the insurance part of the old-age labor pension is determined by the formula given in paragraph 5 of Art. 14 of the Federal Law “On Labor Pensions”. According to this formula insurance part old-age labor pension is defined as the ratio of the estimated pension capital to the expected period of payment of the labor pension in months.

MF = PC/T

Insurance part = Pension capital / expected period of payment of labor pension.

In order to calculate the size of the insurance part, it is necessary to determine the size of the estimated pension capital and the period of payment of the labor pension.

Article 2 of the Federal Law “On Labor Pensions” establishes that the basis for determining the size of the insurance part of a labor pension is the total amount of insurance contributions and other receipts to the Pension Fund of the Russian Federation for the insured person. The insurance contributions of the insured person received by the Pension Fund of the Russian Federation are taken into account in his individual personal account. These amounts recorded on the individual personal account represent the settlement pension capital. In addition to the amounts of insurance premiums and other income received to the individual personal account for the insured person, the settlement capital includes pension rights persons acquired by him before January 1, 2002, in monetary terms. It must be said that a person’s individual personal account is divided into two parts: a common part individual personal account of the insured person and special part this insurance account. The special part of the insurance account takes into account the amounts used to ensure accumulative part labor pension.

The expected period of payment of the labor pension in accordance with clause 5 of Art. 14 of the Federal Law “On Labor Pensions” is 19 years, and since it is calculated in months, it is determined in the amount of 228 months. But the legislation provides for the establishment of the expected period for payment of an old-age labor pension of 19 years (228 months) not from the moment the Federal Law “On Labor Pensions” comes into force, but in stages. The number of months included in the expected payment period increases gradually from January 1, 2001 to January 1, 2013. Thus, the number of months included in the expected payment period in 2001 was 138 months, in 2002 - 144 months, in 2003 – 150 months, in 2004 – 156 months, in 2005 – 162 months, in 2006 – 168 months, in 2007 – 174 months, in 2008 – 180 months, in 2009 . – 186 months, in 2010 – 192 months, in 2011 – 204 months, in 2012 – 216 months, in 2013 and further – 228 months.

Example calculation of the insurance part of the old-age labor pension: the estimated pension capital was 120,000 rubles, and the pension is assigned from January 1, 2009. In order to determine the insurance part of the old-age labor pension, it is necessary to divide the amount of the estimated capital by the number of months included in the expected period payments for 2009. Thus, we divide 120,000 rubles. by 186 – the number of months of the expected period in 2009. We find that the insurance part of the labor pension in this case will be 645 rubles. 16 kopecks If the same pension is assigned in 2010, then the amount of its insurance part will be 120,000 / 192 = 625 rubles.

This is how the insurance part of the pension is calculated.

If an old-age labor pension is assigned to men after 60 years of age, and to women after 55 years of age, then the expected payment period is reduced by one year for each year that has elapsed since reaching the specified age. For example, if a man became eligible for an old-age labor pension in 2009 and his age at the time of granting the pension was 61 years, then the number of months included in the expected payment period will not be 186 months, as provided by the statutory rule, but 174 months.

The law establishes a rule that the expected payment period cannot be less than 14 years (168 months). This rule was established due to the fact that the moment of reaching retirement age and the moment of applying for a pension do not always coincide. The later a citizen applies for an old-age labor pension, the shorter the expected payment period will be. Note that this rule does not apply to citizens who, in accordance with Art. 27, 28 of the Federal Law “On Labor Pensions” have the right to assign an old-age pension before the age established by law. In the same way, the rule on reducing the expected payment period does not apply to those persons who refuse the insurance part of the pension after its appointment.

Citizens have the right to refuse the insurance part of their labor pension by submitting an application to the relevant body of the Pension Fund of the Russian Federation. If a citizen refuses to assign the insurance part of the pension at the time of applying for a labor pension, then the rule regarding the reduction of the expected payment period remains in relation to him.

Example:

On February 10, 2007, the man turned 60 years old, and on the same day he submitted a written application to the relevant body of the Pension Fund of the Russian Federation to assign him an old-age labor pension. Along with the application for an old-age labor pension, the man submitted a second application for refusal to assign the insurance part of the labor pension. On February 10, 2009, this man applied to the Pension Fund of the Russian Federation with an application to assign him the insurance part of his labor pension. From January 1 to December 31, 2009, the expected period for payment of the old-age labor pension is 186 months. Since a citizen applied for the insurance part of the pension two years after he was assigned an old-age labor pension, he has the right to reduce the expected payment period, then his expected payment period is reduced by two years and amounts to 164 months.

In cases where a pensioner, after having been assigned the insurance part of his labor pension, begins to work again or refuses the insurance part of his labor pension, the insurance part of the pension is subject to recalculation after cessation of labor activity or after re-applying for the assignment of the insurance part of his labor pension, respectively. In these cases, the expected payment period shall be reduced by one year for each full year labor activity carried out after the appointment of an old-age labor pension or for one year for each full year that has elapsed since the refusal of the insurance part of the pension. At the same time, pensioners have the right to refuse the insurance part of their pension more than once; each time after the insurance part of the pension is re-assigned, this part of the pension is recalculated.

Example:

On June 15, 2004, the man turned 60 years old, and on the same day he applied for an old-age labor pension, but at the same time refused to assign him the insurance part of the old-age labor pension. In 2006, a man applied for the insurance part of his labor pension. In accordance with the law, in this case the insurance part of the pension is recalculated. IN in this case the insurance part of the pension was assigned in 2006. The expected period of payment of the pension in 2006 was 168 months. Considering that the pensioner refused to receive the insurance part of the pension for two years, the period of his expected period of pension payment is reduced by two years and amounts to 144 months. After he was assigned the insurance part of his labor pension, the pensioner began working again and continued from September 2006 until December 2008. In connection with this, the pensioner acquired the right to a new recalculation of the insurance part of his labor pension. The expected pension payment period for 2008, as provided for by law, is 180 months. This period is subject to reduction by 24 months, during which the pensioner refused to assign him the insurance part of the labor pension, and by another two years that elapsed from the moment the insurance part of the pension was assigned until the moment of its recalculation, during which the pensioner carried out labor activities. Thus, in this case, the expected pension payment period will be 132 months.

3.4.3. The size of the funded part of the labor pension (NP)

The size of the funded part of a labor pension, as well as the size of its insurance part, is calculated according to a mathematical formula, according to which the funded part of a labor pension is determined as the ratio of 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 he was assigned the cumulative part of the old-age labor pension, to the number of months of the expected period of payment of the old-age labor pension. Established in paragraph 9 of Art. 14 Federal Law “On Labor Pensions”, the formula for calculating the funded part of the old-age labor pension is as follows:

LF = PN / T, Where

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

Mon– 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 he is assigned the cumulative part of the old-age labor pension;

T– the number of months of the expected period of payment of the old-age labor pension, which is used to calculate the funded part of the labor pension.

Based on the meaning of the norm established by paragraph 9 of Art. 14 of the Federal Law “On Labor Pensions”, the calculation of the expected period for payment of the funded part of the labor pension is carried out according to different rules than the calculation of the expected period for payment of the insurance part of the pension. The specified calculation procedure must be established by federal law. But to date, the legislation has not defined such a procedure. Thus, one of the indicators necessary to calculate the funded part of the labor pension is currently missing.

If in accordance with the current pension legislation the labor pension is subject to recalculation, and the amounts contained in the individual personal account or in a special part of the individual personal account have already been taken into account once when assigning a labor pension, then when recalculating the labor pension, these amounts are not taken into account.

3.4.4. The total amount of old-age labor pension

The total amount of the old-age labor pension is determined in accordance with the established clause 11 of Art. 14 Federal Law “On Labor Pensions” with the calculation formula:

P = BC + MF + LF,

Where P– the size of the labor pension;

Warhead– the basic part of the old-age labor pension;

midrange– the insurance part of the old-age labor pension;

LF– the funded part of the old-age labor pension.

The total size of the labor pension is determined by adding its three parts: basic, insurance and funded.