If the length of service is less than 20 years. Calculation of length of service for pensions in preferential terms

Other reasons

The retirement age for military personnel and law enforcement officers may change. This was stated by First Deputy Prime Minister - Minister of Finance Anton Siluanov.

“We talked about the fact that today there is length of service to obtain the right to retire for military personnel. We believe that this length of service should also be adjusted. We have such studies with the Ministry of Defense, this will be one of the elements of our proposals,” he noted.

As Deputy Prime Minister Tatyana Golikova pointed out, the current amendments to raise the retirement age do not yet take into account changes for the military and security forces.

“Now this is not taken into account in the package that is being introduced. Everything remains as it is for now,” she noted.

Earlier in the afternoon on June 14, Prime Minister Dmitry Medvedev announced an increase in the retirement age in Russia. For women it will be 63 years instead of the current 55 years, for men - 65 instead of 60 years. To raise the retirement age, a transition period is envisaged starting in 2019.

According to the law on pensions, military personnel, as well as employees of internal affairs bodies, the National Guard and the Federal Penitentiary Service can retire according to length of service if their service is at least 20 years.

The length of service for the retirement of military personnel should be adjusted; this issue is being discussed with the Ministry of Defense, said First Deputy Prime Minister and Minister of Finance of the Russian Federation Anton Siluanov.

“We talked about the fact that today there is length of service to obtain the right to retire for military personnel. We believe that this length of service should also be adjusted. We have such studies with the Ministry of Defense, this will be one of the elements of our proposals,” Siluanov said at a press conference.

For her part, Deputy Prime Minister Tatyana Golikova said that at the moment this topic is not taken into account in the package of proposals to raise the retirement age, which was prepared by the government. “Everything remains as it is - for now,” Golikova said.

The government has proposed introducing a transition period to raise the retirement age, expected to begin in 2019, to, in the words of Prime Minister Dmitry Medvedev, “step by step achieve retirement at 65 for men in 2028 and 63 for women in 2034.”

As a compensatory measure, it is proposed to provide the opportunity for all persons who have long experience - 40 years for women and 45 years for men - to retire two years earlier.

The Prime Minister set the task of introducing a bill on pension reform to the State Duma in the near future, so that it would be considered during the current session in the first reading. According to Medvedev, the government is counting on the support of the bill by parliamentarians.

A bill to increase the length of service from 20 to 25 years for the purpose of pensions. Increasing the length of service for the possibility of calculating military pensions

A bill to increase the length of service from 20 to 25 years for the purpose of pensions

A bill has been prepared that increases the period of military service for acquiring the right to a long-service pension to 25 years. What to do?

The very idea of ​​increasing the service life of military personnel in order to acquire the right to a long-service pension is far from new. Apparently, many are haunted by the fact that military personnel acquire the right to a pension 20 years after the start of military service. Let us recall that according to the federal law “On the Status of Military Personnel,” a serviceman receives the right to a long-service pension after the expiration of 20 years from the date of military service.

It turns out that if contract service begins, for example, at the age of 20, then at the age of 40 a military man can already retire. So the toad began to “strangle” many. Supposedly, so young, but already retired. Moreover, this “toad” sits inside those who have never served in the army for a day. Those who have experienced military service understand perfectly well that acquiring the right to a pension after 20 years of service is well deserved, forgive the tautology and pun. After all, firstly, for 20 years to be in the forefront in all military conflicts, risking life and health, for 20 years to have irregular working hours and irregular working nights, to make many moves with your family, not to have your own corner... You can add to this phrase There are still many moments that do not make a person’s life comfortable and attractive. And secondly, the size of this very pension after 20 years of service, for example, for a major is 16,000-17,000 rubles, and for a contract soldier from private to sergeant (who, by the way, are the absolute majority in the army), a long-service pension after 20 years service is 10,000-11,000 rubles. You can check this statement using a military pension calculator. Just imagine - after 20 years of military service, your pension is 10,000 rubles. Worthy! That is, the state will not go bankrupt by paying such a meager pension to servicemen.

But government officials want to go a little further and increase the period for acquiring the right to a pension to 25 years. The draft law is currently being developed within the Main Directorate of Personnel of the Armed Forces, better known to the military by its all-powerful abbreviation - GUK. But the meaning of the law being developed is already clear even without studying its subtleties.

To acquire the right to a pension, a contract soldier will have to serve not 20, but 25 years. That is, if you have served for 24 years, then you have not yet acquired the right to a pension. The same period may be the period for obtaining the right to permanent housing, that is, not after 20, but only after 25 years of service.

Now managers are afraid to promote and pass the law - after all, there are presidential elections. And the law, BETWEEN US, will not become particularly popular or approved.

Because after 20 years of service, the military man felt much calmer and his soul was warmed by the understanding that he would no longer die of hunger and that he had already earned his pension, albeit a meager one. Now there will be no such peace and a military man will be able to be dismissed without a pension even after 24 years of service.

The law will most likely be adopted after the presidential elections in March 2018. But it is still a little unclear what will happen to military personnel who have served for 20 years and have acquired the right to a pension. Will they be deprived of this right? This is the main question that worries all servicemen who have served from 20 to 24 years. Should they sign another contract or not? And if you sign, will you lose your right to a pension?

These questions do not yet have answers, but one thing we know for sure is that the state apparatus can do anything and how it benefits it, and not those for whose sake the law is being adopted. SPEAKING BETWEEN US, we have gone through this more than once...

The bill stating that in order to retire military personnel will have to serve not 20, but 25 years has been agreed upon and can come into force as early as January 1, 2019

Work on the bill, according to which military personnel will have to serve not 20, but 25 years before acquiring the right to a pension, has been developed and has already passed all the necessary interdepartmental approvals.

In addition to the fact that now even a serviceman with 24 years of service will not yet acquire the right to a pension, the bill contains some interesting points. For example, now, after serving 25 years, a serviceman can count on a pension amounting to 65% of his salary. (However, even now, after serving 25 years, a soldier will receive a pension in the amount of 65% of the amount of his salary). Further, the new law states that every year 3% will be added to the pension (as under the current legislation). There are still differences. If now a retiree can count on a pension of no more than 85% of his salary, then according to the new bill the upper limit is shifted to 95%.

The bill provides for a transition period that will last until January 1, 2023. What is the essence of this five-year transition period? Its essence is that until January 1, 2023, military personnel who were subject to the old legislation will retain this right. That is, until January 1, 2023, military personnel will have the right to retire and receive pension benefits with 20 years of service. Such a clause is in the latest version of the document and it is quite good for those who are going to sign a new contract, but are afraid of losing their right to a pension if the law is adopted. Such fears, BETWEEN US, are not without foundation. It may happen that a military man served for 20 years, acquired the right to a pension, but after concluding a new contract for a year, due to the adoption of a new law, he lost this right.

Many people are now afraid to enter into a new contract because of such legal conflicts. But, it seems, in the latest version of the bill, the provision for a transition period of 5 years until 2023 removes these concerns. But it's quite possible. that in some next version of the document this paragraph will somehow disappear. So, concerns remain until you and I are able to read the adopted law and study it in detail.

The law enforcement agencies have prepared a bill that proposes to increase the lower limit of length of service, which gives military personnel the right to receive a military pension, by five years - from 20 to 25.

The departments that provide for military service have developed a bill to increase the minimum length of service that gives the right to receive a military pension from 20 to 25 years. This was reported by Kommersant with reference to a source close to the leadership of one of the Russian law enforcement agencies. This information was also confirmed to the publication by an interlocutor at the Ministry of Defense.

Work on the preparation of the draft law has been carried out since March of this year according to the corresponding decision of Russian President Vladimir Putin. On May 22, the head of the main personnel department of the Ministry of Defense, General Viktor Goremykin, reported on the preparation of documents to the deputy head of the department, General Dmitry Bulgakov, the ministry said.

As a senior official of the presidential administration explained to the newspaper, representatives of all departments related to military service participated in the preparation of the bill. “The topic is very sensitive; there are still a number of consultations to be held at the level of the financial, economic and social blocks of the government, as well as all interested parties,” he added.

The publication’s interlocutors did not specify the expected timing of adoption of the amendments, however, in their opinion, it would be logical to adopt the document after the presidential elections, which will take place in March 2018.

The authors of the bill also do not disclose the mechanism for increasing the lower threshold of length of service: whether a transition period will be introduced for this is still unknown. It is also unclear how the adoption of the amendments will affect the budget.

The publication clarifies that the adoption of the bill will require amendments to Article 13 of this law (conditions determining the right to a long-service pension) and Article 14 (pension amounts).

At the moment, it is already known that the amendments, if adopted, will not affect those military personnel whose end of contract coincides with the 20th anniversary of their service. Everyone else will have to serve five years longer to be eligible for a military pension.

The idea of ​​increasing the minimum length of service has been discussed for a long time. In 2013, the military proposed dividing this process into two stages: until 2019, pay all military personnel who served more than 20 years, but did not retire, a bonus in the amount of 25% of the pension they could have received, and from January 1, 2019 year to finally establish a 25-year lower limit of service. However, after calculations were carried out at that time, it turned out that the federal budget did not have enough funds for the additional payments necessary for the transition period.

In 2015, the discussion of this issue was resumed by the head of the Ministry of Finance, Anton Siluanov. The government assumed that the period of service required for a military pension could be immediately increased to 30 years, but this option was rejected.

The unstable economic situation observed in Russia three years ago also forced the Ministry of Finance to think about refusing to increase payments to military pensioners.

Siluanov and Defense Minister Sergei Shoigu were able to resolve all issues and find additional funding only after Putin intervened in the situation.

Last month, the head of state signed a law increasing the retirement age for civil servants. According to the document, the retirement age of officials has increased to 65 years for men and 63 years for women. The law also provides for a gradual increase in the minimum period of civil service required for a long service pension from 15 to 20 years.

Now “military pensioners” who, after entering the reserve (retirement) continue to work in positions not related to military service, have the right to a second, “civilian” pension through the Pension Fund of Russia upon reaching the retirement age established by the state (for women - 55 years, for men - 60 years) and the minimum required work experience (in 2017 it is eight years and will increase by one year to 15 years by 2024).

A bill to increase the length of service from 20 to 25 years for the purpose of pensions. Increasing the retirement age for military personnel: review of the bill

  1. It is proposed to retain the right to assign a military pension after 20 years of service to those military personnel who will be dismissed on one of the preferential grounds: upon reaching the maximum age for service, state of health, due to illness - based on the conclusion of the military medical commission about unfitness (IMPORTANT ! The military personnel must be recognized by the conclusion of the Military Military Commission as unfit for military service, and not limitedly fit) for service and in connection with organizational and staffing measures.
  2. In addition, it is proposed to increase the amount of the percentage bonus for length of service paid to military personnel. Since the specified payment in accordance with Art. 43 of the Law on pension provision for persons who served in military service..., is taken into account when calculating military pensions; if this bill is adopted, the military pension will have to increase.
  3. It is also proposed to pay military personnel with 25 years of service or more (as previously provided for by the 1993 Law of the Russian Federation “On the Status of Military Personnel”) a monthly bonus in the amount of 25 percent of the pension that could be assigned to them in the event of their dismissal from military service .

Our survey showed that about 80% of respondents do not support increasing the length of service required for a military pension from 20 to 25 years.

In March, the chairman of the State Duma Committee on Defense, ex-commander of the Airborne Forces, Colonel General Vladimir Shamanov, said in an interview with Gazeta.Ru that the average pension in 2016 was: for military service pensioners - about 23 thousand rubles, for law enforcement service pensioners - 17 thousand rubles, for security agencies - 30 thousand rubles.

According to him, to calculate the “military” pension, the salary for a military position or official salary, salary for a military rank or salary for a special rank and

The salaries of military judges, prosecutors and investigators are set relative to the salary of the first person of the relevant department. Salaries in other departments are established by decree of the government of the Russian Federation. At the same time, salaries by rank are the same for everyone, and salaries for typical positions in the Foreign Intelligence Service, the Federal Security Service, the Federal Security Service and the Special Objects Service under the President are approximately 20% higher than in the Armed Forces and other troops and military formations. This is due to the specifics of the tasks performed by these bodies and more stringent selection.

In Russia, there has been no indexation of military pay for more than five years.

144.76.78.4

“The guarantee of protecting the monetary allowances of military personnel from depreciation has been unfulfilled for the past five years, that is, in fact, for the entire period of validity of the federal law “On the monetary allowances of military personnel and the provision of individual payments to them,” Shamanov explained.

The provisions of this law, which provide that salaries for military positions and salaries for military ranks are annually indexed taking into account the level of inflation starting in 2013, are suspended annually by a separate federal law.

However, according to Shamanov, the indexation of the “military” pension took place by increasing the so-called reduction coefficient, which, in accordance with Art. 43 of the law “On pensions for persons who served in military service...” in 2012 was 54%, and from February 1, 2017 it was 72.23%. Its real increase was: for 2013 - by 8.2%, for 2014 - by 6.2%, for 2015 - by 7.5%, for 2016 - by 4%, and from February 1 2017 - by 4%. Thus, over the past five years - from 2013 to 2017 - the “military” pension has increased by 30%. And from 2011 to 2017, the “military” pension increased by 90%.

The increase in the length of service limit will not affect those who only have a 20-year contract. “Everyone else will have to serve five years more to receive a military pension,” the publication notes.

Other details of the document are not yet known. As the newspaper writes, “it is not yet clear whether a transition period will be introduced and, if so, how much it will cost the budget.”

Proposals to increase the lower limit of length of service have been heard at least since 2013, the publication recalls. In 2015, the government considered increasing the minimum service life from 20 to 30 years, but “the option was rejected.” After this, “Vladimir Putin intervened in the situation,” and officials prepared a draft amendment. Its development was carried out on the basis of presidential decision No. Pr-497, dated March 17; this decision was previously “not advertised,” the newspaper writes.

The development of a document on military pensions “is not related to the discussion about increasing the general retirement age in Russia,” Kommersant notes. But, according to the newspaper, some members of the government’s social bloc believe that by reforming the early pension system, it will be possible to cancel or delay the increase in the retirement age in the country, or make its schedule “smoother.” In particular, the Ministry of Finance advocated reducing expenses for military pensions.

“The price of the issue in the case of early pensions is about 350–400 billion rubles. per year and is comparable in order of magnitude with the upcoming savings on payments to military pensioners - these payments are made from the federal budget, as well as a transfer to the Pension Fund to cover the deficit,” writes Kommersant.

If adopted, amendments will be made to the law of February 12, 1993 No. 4468–1 “On pensions for persons who served in military service, service in internal affairs bodies, the state fire service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and authorities of the criminal correctional system, the Federal Service of National Guard Troops, and their families.”

The newspaper was unable to obtain comments from the law enforcement agencies, presidential press secretary Dmitry Peskov and Prime Minister Medvedev's press secretary Natalya Timakova.

Material A bill to increase the length of service from 20 to 25 years for the purpose of pensions

Thus, the size calculation will be three-level. What does it mean? The amount will be read from each period of time preceding the citizen’s retirement:

  • until 2002, depending on length of service and salary;
  • from 2002 to 2014 from contributions accumulated on l/s;
  • from 2015 on the amount of points.

How long will you need to work?

A necessary requirement for calculating old-age benefits is the presence of a pension insurance period of at least 8 years (as of 2017). They include periods of all labor activity carried out by a person on the territory of Russia, during which fixed payments were deducted to the insurance fund.

The Law establishes that pensions may be assigned at the end of the service period.:

  1. by length of service;
  2. insurance pension.

Thus, the length of service for a person working in the police at the time of dismissal must be at least 20 years.

FOR REFERENCE. When calculating length of service, the time spent studying in special institutions and the terms of service in previous law enforcement agencies must be taken into account.

According to Article 43 of Law No. 4468-1, the size of a police officer’s pension depends on the amount of salary upon dismissal and a reduction factor.

The second type of pension for military personnel is insurance pension, which in turn can be assigned on the following grounds:

  • according to the age;
  • due to disability (received as a result of injury or illness);
  • on the occasion of the loss of a breadwinner.

What does it consist of?

Useful information for those who want to calculate the size of their future pension in advance. Thus, the calculation parameters are regulated by Article 14 of the above Law; in connection with this, the following factors are taken into account when calculating:

  1. monthly salary;
  2. amount of payment for special rank;
  3. length of service in internal affairs bodies or mixed work experience.

Article 14 of the Federal Law of the Russian Federation No. 4468-1. Pension amounts

The long service pension is set in the following amounts:

  • persons specified in Article 1 of this Law who have 20 years of service or more: for 20 years of service - 50 percent of the corresponding amounts of monetary allowance provided for in Article 43 of this Law; for each year of service over 20 years - 3 percent of the specified amounts of salary, but in total no more than 85 percent of these amounts;
  • persons specified in Article 1 of this Law who have a total work experience of 25 calendar years or more, of which at least 12 years and six months are military service, and (or) service in internal affairs bodies, and (or) service in the State Fire Service , and (or) service in the authorities for control over the circulation of narcotic drugs and psychotropic substances, and (or) service in institutions and bodies of the penal system, and (or) service in the troops of the National Guard of the Russian Federation: for a total work experience of 25 years - 50 percent of the corresponding amounts of monetary allowance provided for in Article 43 of this Law; for each year of service over 25 years - 1 percent of the specified amounts of salary.

In case of re-assignment to military service, or to serve in internal affairs bodies, or the State Fire Service, or to serve in institutions and bodies of the penal system, or to serve in the troops of the National Guard of the Russian Federation of persons specified in this article who received a pension , upon their subsequent dismissal from service, their pension payment is resumed based on their length of service and total length of service on the day of their last dismissal.

How can you influence the size?

You can influence the size of your pension after 20 years of service only by continuing to work. It’s no secret that the later a working citizen retires, the longer the length of his work experience will be, which helps to increase the amount of his pension.

Your calculation coefficient will grow, but do not be deluded by cosmic amounts, because for each subsequent year 0.01 will be added to the coefficient of 0.55.

The size of your salary also influences the size of pension payments; the larger it is, the better (taking into account the fact that your organization conscientiously makes contributions to the pension fund).

In addition to periods of work, a worker’s length of service also includes the following::

  • maternity leave to care for a child (one and a half years);
  • period of time for payment of social benefits. insurance;
  • service in paramilitary units;
  • period of time for payment of unemployment benefits;
  • period of training, advanced training.

Registration procedure

To be appointed, you must submit a written application to the pension fund at the place of registration.

Required list of documents for all types of assigned pensions:

  1. Statement.
  2. Passport.
  3. Employment history.
  4. Military ID.
  5. Insurance certificate.
  6. Salary certificate for 60 months before 2002.
  7. Other documents that may be required to clarify the information.

In conclusion, we REMIND you once again that a citizen must independently take care of establishing his pension provision, and it is better to do this in advance, so that if anything happens, resolve all controversial issues before the start of payments.

Compensation for missed deadlines (prolonged due to the collection and submission of necessary documents for registration) is not provided!

What is known about the bill so far and what does it mean for active military and military retirees? Let us explain and bring together all the conflicting information.

Sources claim that a fundamental decision on the issue of increasing the minimum threshold for obtaining the right to a long-service pension has already been made. This is very similar to the truth, because the document was developed by the Ministry of Defense and the heads of the State Duma and Federation Council committees know about them and even spoke out on this matter.

For example, the first deputy chairman of the Federation Council Committee on Defense and Security, Franz Klintsevich, believes that such a bill will increase the responsibility of those entering the service of law enforcement agencies. “Increasing the lower limit of length of service, which gives the right to receive a military pension, will weed out the “runners” and “swallows” for five years,” he told Kommersant. “That is, they will think before going to work in the law enforcement agencies.”

That is, such a bill exists and talk about it is not idle speculation.

It should be noted that the bill is very significant for both active military personnel and military retirees.

For active military personnel

This is a fundamental question. For example, for those who are deciding whether to sign a new contract or not... The whole point is that the serviceman has a “twenty”, and if he signs a contract and the bill is passed, will he lose the right to a pension, since the minimum length of service will be delayed with 20 to 25 years old. This is what confuses the military when deciding to sign a new contract.

The latest version of the bill also provides for a transition period of five years for military personnel. Persons covered by the law of February 12, 1993 retain the right to retire for long service and to receive a corresponding pension under the conditions “in force before the entry into force of this law until January 1, 2023.”

That is, in theory, for those who have already acquired the right to a pension with 20 years of service, the law should not apply. But in Russia anything can happen...

For military pensioners

In the new bill, the numbers change: for 25 years of service, military personnel will be able to count on 65% of the amount provided for by the same article. 43, and for each year beyond this period - 3%, but not more than 95% of the allowance, that is, not 85% - the maximum, as it was, but 95%

There are no other significant changes in the available document that would affect military pensioners. But…

There is information that the cash bonus for length of service, which directly affects the calculation of military pensions, may change. Now it is calculated as follows:

Amount (calculation procedure) of payment :

from 2 to 5 years - 10%;

from 5 to 10 years - 15%;

from 10 to 15 years - 20%;

from 15 to 20 years - 25%;

from 20 to 25 years - 30%;

25 years or more - 40%;

Regulations:

  • Decree of the Government of the Russian Federation of July 18, 2000 No. 538;
  • Decree of the Government of the Russian Federation of December 21, 2011 No. 1074.

Orders of the Minister of Defense of the Russian Federation:

  • Order of the Ministry of Defense of the Russian Federation dated December 30, 2011 No. 2700.

In the new version, supposedly, there are changes in this regard, according to which the percentage bonus for length of service will return to the old versions and will reach 70%, that is, the gradation of time limits for changing the figures of the percentage bonus will expand.

What can be said with 100% certainty:

  1. The bill has not yet been submitted to the State Duma. There is information that it will be introduced after the 2018 elections.
  2. There will be a law, since a fundamental decision has been made and key approvals have been completed.
  3. The bill can be instantly adopted by the State Duma; we now have no doubt in its abilities...
  4. The bill brings very significant changes for military personnel and military retirees.
  5. We served in the army of Peter I for 25 years, which is very symbolic)))
  6. We're watching!

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Service 20 calendar years

I am a military man, 20 years of service in calendar terms. My stepfather, a former military man, upon his transfer to the reserve, received a three-room apartment under a certificate, in a house under construction, for all family members (Stepfather, mother, brother, me). At that time I was a contract soldier. I gave up my share 10 years ago. Do I have the right to receive a cash subsidy for myself and my family members (spouse, daughter) upon dismissal at the end of the contract? (at the time of dismissal, the length of service will be 21 years in calendars)

You have the right, but in this case you must be a member of the unit as someone in need of improved living conditions. When dismissing, you will need to indicate in your report that you do not agree with dismissal without providing you with housing. Article 15 of the Federal Law on the status of military personnel. The state guarantees military personnel the provision of their living quarters in the form of providing them with funds for the purchase or construction of living quarters or providing them with living quarters in the manner and on the conditions established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, at the expense of the federal budget.

Only if you and your family members have been registered as needing housing. The procedure for providing subsidies for the acquisition or construction of residential premises to military personnel - citizens of the Russian Federation, serving under a contract in the Armed Forces of the Russian Federation, and citizens of the Russian Federation, discharged from military service As amended and supplemented as of: February 13, 2019 1. This Procedure regulates the provision of subsidies for the acquisition or construction of residential premises (hereinafter referred to as housing subsidies) to military personnel - citizens of the Russian Federation serving under a contract in the Armed Forces of the Russian Federation, specified in paragraphs three and twelve of paragraph 1 of Article 15 of the Federal Law of May 27, 1998 . N 76-FZ "On the status of military personnel" (hereinafter - military personnel), citizens of the Russian Federation discharged from military service (hereinafter - citizens discharged from military service), and members of their families living with them, recognized as needing residential premises in Ministry of Defense of the Russian Federation. 2. In the event of the death of military personnel or citizens discharged from military service, this Procedure applies to members of their families. 3. The housing subsidy provided to military personnel, citizens discharged from military service, and members of their families can be used by them exclusively for the purpose of acquiring or constructing residential premises (living premises) under conditions under which they will lose the grounds for recognizing them as needing residential premises* . Paragraph 4 amended from March 22, 2019 - Order of the Russian Ministry of Defense dated February 13, 2019 N 72 See previous edition 4. In order to exercise the right to housing in the form of receiving a housing subsidy, military personnel, citizens discharged from military service, members of their families submit to the authorized body of the Ministry of Defense of the Russian Federation in the field of housing provision for military personnel (hereinafter - the authorized body) or a specialized organization (a structural unit of a specialized organization) (hereinafter - a structural unit of the authorized body) an agreement on opening a bank account and an application for the transfer of a housing subsidy indicating bank account details, signed by them and all members of their families**. Clause 5 amended from March 22, 2019 - Order of the Russian Ministry of Defense dated February 13, 2019 N 72 See previous edition 5. Housing subsidies are provided to military personnel, citizens discharged from military service, and members of their families in order of priority in accordance with the date of adoption them to be registered as those in need of housing, and if the specified dates coincide, the determination of priority is carried out based on the longest total duration of military service of the serviceman on the date of registration as those in need of housing. The decision to provide housing subsidies to military personnel, citizens discharged from military service, and members of their families is made by the authorized body (structural unit of the authorized body) in the absence of grounds for deregistering them as those recognized as needing residential premises after receiving: information from the Unified State Register of Real Estate about the rights of military personnel, citizens discharged from military service, and members of their families to residential premises throughout the Russian Federation; copies of identification documents of military personnel, citizens discharged from military service, and members of their families living with them (passports with registration data at the place of residence, birth certificates of persons who do not have passports); information about the presence (absence) of residential premises occupied under social tenancy agreements and (or) owned by a military personnel and (or) members of his family, as well as the presence (absence) of residential premises of a specialized housing stock occupied by a military personnel and (or) members of his family (including former ones) (as of the date of submission of documents), according to

Good evening Evgeniy! If the question concerns only a monetary subsidy, then the law “On Military Personnel” provides for monetary compensation for the purchase or construction of a home, provided that you have previously submitted an application as needing improved living conditions. In principle, it’s never too late to do this before you quit. Please duplicate this statement in Min. Defense registered with notification, perhaps things will go faster. It is not necessary to refer to articles and laws. Good luck to you.

Hello, since you were provided for as a member of the family of a military man, you will have problems with the arms, since they believe that you have realized your right to housing through the Ministry of Defense in accordance with Article 15 of the Federal Law on the status of military personnel; accordingly, repeated provision is not provided for by law . At the same time, the fact that more than five years have passed since the alienation does not matter. Look at the practice, it exists in similar cases, and most of it is negative. Good luck and all the best.

You have enough length of service on your calendars, all you need to do is prove that during your service you were registered as needing housing together with family members... and during this period you did not have any other housing (shares) or got rid of it for 5 years or more (including family members) by the date of application for a subsidy... Order of the Russian Ministry of Defense of February 13, 2019 N 72.

My length of service is 20 calendar years. My stepfather is a former military man, according to a certificate he received an apartment for all family members (Stepfather, mother, brother, Me). I gave up my share 10 years ago. Do I and my family members (wife, daughter) have the right to receive their own housing? Thank you, best regards Evgeniy.

The right to be recognized as needing improved housing conditions for military personnel is determined by the general norms of the housing code. Specifically, Art. 51 Housing Code of the Russian Federation. If you do not have housing or the norm is less than what is required for each family member, submit documents to the RUZHO. The period of 5 years has already passed for you, which would be considered an intentional deterioration of living conditions (refusal of a share) - Art. 53 Housing Code of the Russian Federation.

Hello, since you were previously provided with housing as a member of a military serviceman’s family, you have no right to apply for repeated provision of housing through the Russian Ministry of Defense. The Armed Forces of the Russian Federation and the courts subordinate to it adhere to a similar position. Thus, there is a high probability that RUJO will refuse to register you as needing housing. At the same time, I clarify that the rights of family members of a serviceman are derived from the rights of the serviceman himself. You can raise the issue of improving your living conditions only in a general manner, that is, through a local government body. At the same time, the expiration of a five-year period from the moment of alienation of the share in the right to an apartment, taking into account the principle of one-time provision of housing, has no legal significance for providing residential premises for permanent residence.

A question of this nature. A military serviceman's length of service in the calendar is 17 years, in the preferential period 20 years 1 month. Can I be recognized as needing housing for a total length of service of 20 years 1 month? Not a mortgagee.

You have the right to be recognized as needing housing in accordance with Article 15 of the Federal Law “On the Status of Military Personnel.” For more detailed advice, you can contact the lawyer’s personal account on the website, enter into an agreement under Article 779 of the Civil Code of the Russian Federation and receive a detailed explanation of your question.

Hello, you will have the right to receive housing through the Russian Ministry of Defense when you reach 20 years of military service or more (if you are discharged from military service on preferential terms for 10 years or more) and only after you are recognized in accordance with the established procedure as needing housing (recognized as needy) housing is possible only if you have the length of service indicated above).

The question is the following: I have 20 calendar years of service, but I don’t have my own housing. Registered (registered) I have a wife and daughter in my parents’ apartment - can I count on an apartment or a subsidy?

Hello! You have the right, but now only through the courts.

I am a military serviceman with 16 years of calendar service and 20 years of preferential service. Is it possible to receive a military subsidy and have there been previous positive court decisions with a similar situation?

Hello, if you are retiring from military service for reasons other than one of the preferential ones (health, general education, age limit), then your duration of military service, which is less than 20 years in calendar terms, is not enough for you to have the right to life insurance (see Art. 15 Federal Law "On the status of military personnel").

Providing housing for military personnel. I am a military serviceman, I have more than 20 years of service, and I am provided with service housing for the entire duration of my service. In 2006, at the age of 22, the wife participated in the privatization of housing previously received by her military father (she received ownership of 20 sq.m. - 1/3 share of an apartment with an area of ​​60 sq.m.). In 2010, she gave her share in the apartment to her mother. I am going to submit documents to be recognized as needing housing for myself, my wife and children. Is the provision of residential premises under a social tenancy agreement or the property of my spouse? Is my spouse entitled to a subsidy for the purchase of housing if she chooses this method of housing support?

Yes, you have the right to receive housing. If you receive a subsidy, it will also be calculated taking into account children and spouse. The fact that in 2010 the wife donated a share will not matter, since more than 5 years have passed, Article 53 of the Housing Code of the Russian Federation. Federal Law "On the Status of Military Personnel" dated May 27, 1998 N 76-FZ (latest edition), Art. 15

More than five years have passed since 2010, therefore, based on Article 53 of the Housing Code of the Russian Federation, the fact of donating a share will not matter to you, given your length of service, in accordance with Article 15 of the Federal Law on the status of military personnel, you are entitled to either housing or a subsidy for the purchase of housing, taking into account your spouse.

Evgeniy, yes, you have the right to provide subsidies and purchase housing. Connections with that. that your spouse has alienated property for more than 5 years, then she will also be included in the calculation of the subsidy. Federal Law of May 27, 1998 N 76-FZ (as amended on March 6, 2019) “On the status of military personnel” Article 15. Right to housing 1. The state guarantees military personnel the provision of their living quarters in the form of providing them with funds for the purchase or construction of living quarters or providing them with residential premises in the manner and on the terms established by this Federal Law, other federal laws and other regulatory legal acts of the Russian Federation, at the expense of the federal budget. Military personnel - citizens undergoing military service under a contract, and members of their families living together with them, are provided no later than three months from the date of arrival at a new place of military service with service living quarters in accordance with the standards and in the manner provided for by federal laws and other regulatory legal acts of the Russian Federation. Federation. Service living quarters are provided in settlements in which military units are located, and if it is not possible to provide service residential premises in the specified settlements, in other nearby settlements. At the same time, military personnel - citizens with three or more children - are provided with service living quarters on a priority basis. Housing Code of the Russian Federation Article 53. Consequences of citizens deliberately worsening their living conditions Citizens who, with the intention of acquiring the right to be registered as those in need of residential premises, have committed actions as a result of which such citizens can be recognized as needing residential premises, are registered as those in need in residential premises no earlier than five years from the date of commission of these intentional actions.

Hello, Evgeniy, not everything is so simple. The most important point is that your wife was provided for through the Ministry of Defense, so I would not rely only on the fact that, according to Article 53 of the Housing Code of the Russian Federation, five years have passed. There is a high chance that problems will arise with the gun. Most likely, you will not be able to do without a trial. Good luck and all the best.

Hello! Yes. Russian Federation, dismissed from military service" Participation in privatization does not in any way affect the recognition of your family as needing improved housing conditions. This is different. Moreover, more than five years have passed, therefore, there was no intentional deterioration of your living conditions. Register and receive a subsidy.

Hello, since your wife, as a member of the family of a military serviceman, previously exercised the right to housing through privatization, and also taking into account that the latter currently does not have a real opportunity to hand over the share she received in the residential premises, then taking into account the one-time principle provided for by the current legislation providing citizens with housing, it does not have the right to re-apply for the provision of such. Moreover, the share in the residential premises that she disposed of exceeds the norm for the provision of housing (18 sq.m.). At the same time, the expiration of juice provided for in Art. 53 of the RF Housing Code does not matter. The above conclusions are reflected in law enforcement practice, including the Armed Forces of the Russian Federation.

If I don’t have 20 years of calendar service and I don’t have 45 years, but I have 20 years of preferential service (1 month for 3), then when I quit, will I start receiving my pension immediately, or when I turn 45?

Hello Andrei! If your length of service in preferential terms is 20 years or more, then this gives you the right to dismissal based on your length of service, which gives you the right to receive a pension. In this case, the pension is assigned from the day following the day of dismissal from service, regardless of age. The decision to dismiss should be made only after the personnel department has correctly calculated the preferential length of service.

Please help me, the contract ends on June 25, 2019, but a month is missing from 20 calendar years of service. Can I be fired at the end of the contract if I do not have time to take my main vacation, weekends for overtime, or undergo military training? There is a practice of such a plan: personnel are dismissed on the day the contract expires, but parts are excluded from the lists after vacation, time off, etc. for example in a month. Thank you!

Hello, I would like to clarify that, according to clause 28 of the Procedure for the activities of officials and military command and control bodies for organizing military service under a contract in the Armed Forces of the Russian Federation, approved. By Order of the Minister of Defense of the Russian Federation dated October 30, 2015 N 660, work to carry out measures to ensure the timely dismissal of military personnel is carried out by commanders (chiefs) of military units with the participation of officials of personnel bodies, logistics and medical support bodies, financial support bodies (financial economic bodies), certification commissions. The commander (chief) of a military unit: a) six months before the serviceman reaches the age limit for military service or the end of the corresponding contract: clarifies with the serviceman the issue of concluding a new contract, taking into account the availability of the necessary length of service for the assignment of a pension for long service, state of health, provision of residential premises according to established standards; ensures that the personal file of a serviceman subject to dismissal is sent to the appropriate body authorized to calculate length of service for retirement; sends the serviceman (at his request) for a medical examination to the appropriate military medical commission (hereinafter referred to as the MMC); Thus, the measures you indicated (sending to the Military Military Command, granting leave, additional days of rest) are carried out by the command of the military unit immediately before the serviceman is submitted for dismissal from military service.

I am resigning as a result of general employment, 18 years of calendar service, more than 20 years of preferential service, am I entitled to an EDV upon dismissal of 2 salaries or 7?

More than 20 years of service - 7 salaries. According to the text of the law, the dismissed person is entitled to the following payments: the sum of 2 salaries, if he served less than 20 years; the amount of 7 salaries for more than 20 years of experience; an increase in the amount of salary if the serviceman has state awards for service; for the entire year after the dismissed person resigns, he is paid a salary according to his military rank; lifting for material needs; in the Far North, upon starting a new job, an army soldier will be able to receive a regional percentage increase in wages; property and land taxes are returned if the dismissed person has served for more than 20 years. Such measures are aimed at protecting the violated interests of military personnel.

20 calendar years of service. I am leaving at the end of my contract. Is housing provided if 5 years have not passed since the deterioration? I am 46 years old. Preferential length of service 32 years.

No. You are simply not recognized as in need of improved housing conditions, and this is a mandatory element of issuing a subsidy (housing).

Hello, let me explain, according to Art. 53 of the Housing Code of the Russian Federation, citizens who, with the intention of acquiring the right to be registered as those in need of residential premises, have committed actions as a result of which such citizens can be recognized as needing residential premises, are registered as those in need of residential premises no earlier than five years later from the date of commission of these intentional actions. Thus, before the expiration of the above period, you cannot be recognized as in need of housing, and therefore do not have the right to apply for permanent housing.

Preferential length of service 20.5 years, calendar 13.5; An apartment in a military mortgage, if I am fired for health reasons (epilation), what conditions remain for the apartment and how much salary is due (2 or 7)? Thank you.

Hello, Evgeniy. Your life and health as a military serviceman are insured. As I understand it, the disease was recently discovered? In this case, the remaining debt on the military mortgage is paid off by the insurance company. Unfortunately, I can’t give you any advice about salaries.

Hello, taking into account your length of military service, as well as the grounds for dismissal from military service, you have the right to expect repayment of the targeted housing loan issued to you within the framework of the NIS, as well as funds received by the bank to repay loan obligations (see Article 10 and 15 Federal Law "On NIS"). In addition, you have the right to receive payment of funds in addition to savings contributions in accordance with paragraphs. 3 p. 2 art. 4 of the Federal Law "On NIS", for which you should contact the authorized housing authority within 3 months from the date of your exclusion from the lists of unit personnel. You can use the specified funds to repay the loan. Among other things, you are entitled to a one-time benefit upon dismissal from military service in the amount of 2 monthly salaries. Regulatory justification: According to Art. 4 of the Federal Law “On NIS”, the realization of the right to housing by participants in the savings-mortgage system is carried out through payment by decision of the federal executive body and the federal government body, in which military service is provided for by federal law, at the expense of federal budget funds allocated to the relevant federal executive body and federal government body, in the amount and in the manner established by the Government of the Russian Federation, funds supplementing the savings for housing security accounted for in the participant’s personal savings account, up to the estimated amount of funds that could be accumulated by a participant in the savings-mortgage system in the period from the date of provision of such funds before the date when the total duration of his military service in calendar terms (hereinafter referred to as the total duration of military service) could be twenty years (excluding investment income). Payment of funds specified in paragraph 3 of part 1 of this article is made: 1) to participants in the savings and mortgage system specified in paragraph 2 of Article 10 of this Federal Law, with a total duration of military service of ten to twenty years; 2) family members of participants in the savings-mortgage system in the cases provided for in Part 1 (taking into account Part 3) of Article 12 of this Federal Law; 3) participants of the savings-mortgage system specified in paragraph 4 of Article 10 of this Federal Law. Payments of funds specified in paragraph 3 of part 1 of this article are made by federal executive bodies or federal state bodies in which military service is provided for by federal law, within three months from the date the relevant federal executive body or federal state body receives an application for in writing from a participant in the savings-mortgage system or members of his family with a request to receive payment. As can be seen from Art. 10 of the Federal Law “On NIS”, the basis for the emergence of the right to use savings accounted for in the participant’s personal savings account, in accordance with this Federal Law, is: 1) the total duration of military service, including in preferential terms, twenty years or more; 2) dismissal of a military serviceman whose total duration of military service is ten years or more: a) upon reaching the age limit for military service; b) for health reasons - in connection with his recognition by the military medical commission as limitedly fit for military service; c) in connection with organizational and staffing measures; d) for family reasons provided for by the legislation of the Russian Federation on military duty and military service; 3) exclusion of a participant in the savings-mortgage system from the lists of personnel of a military unit in connection with his death or death, recognition of him as missing in the manner prescribed by law, or declaring him dead; 4) dismissal of a serviceman for health reasons - in connection with his recognition by a military medical commission as unfit for military service. By virtue of paragraph 1 of Art. 15 of the Federal Law “On NIS”, repayment of a targeted housing loan is carried out by the authorized federal body if the participant in the savings and mortgage system who received the targeted housing loan has the grounds specified in Article 10 of this Federal Law, as well as in the cases specified in Article 12 of this Federal Law. Paragraph 140 of the Order of the Minister of Defense of the Russian Federation dated December 30, 2011 N 2700 Moscow “On approval of the Procedure for providing monetary allowances to military personnel of the Armed Forces of the Russian Federation” establishes that military personnel who served under a contract are paid a one-time allowance upon dismissal from military service (hereinafter in this section - the benefit) in the following amounts: if the total duration of military service is less than 20 years - two salaries; with a total duration of military service of 20 years or more - seven salaries.

3 days are missing from 20 calendar years of service. Can I take additional leave for combat veterans ten days before the end of the contract with subsequent retirement and 20 years of calendar service?

Federal Law “On Veterans”, Article 16, Part 1, Clause 11) use of annual leave at a time convenient for them and provision of leave without pay for up to 35 calendar days a year. You can take your salary without saving it.

After 20 calendar years of service, upon retirement and not using a military mortgage, can these savings be withdrawn?

Hello, let me explain that, according to paragraph 1 of Art. 10 of the Federal Law “On NIS”, the basis for the emergence of the right to use savings accounted for in the participant’s personal savings account, in accordance with this Federal Law, is, among other things, the total duration of military service, including in preferential terms, twenty years or more. Thus, taking into account your duration of military service, which is more than 20 years, you have the right to claim payment of the funds recorded in your personal savings account.

Mortgage repayment with service of 20 years or more in calendar terms.

Specify what length of service you are talking about, and refer to the Federal Law of August 20, 2004 N 117-FZ (as amended on August 3, 2018) “On the savings and mortgage system of housing for military personnel” Article 10. The emergence of the right to use savings accounted for the participant's personal savings account The basis for the emergence of the right to use savings accounted for in the participant's personal savings account in accordance with this Federal Law is: 1) the total duration of military service, including in preferential terms, twenty years or more;

(clause 1 as amended by Federal Law dated December 4, 2007 N 324-FZ) (see text in the previous “edition”) 2) dismissal of a military serviceman whose total duration of military service is ten years or more: a) upon reaching the age limit being in military service; b) for health reasons - in connection with his recognition by the military medical commission as limitedly fit for military service;
(paragraph “b” as amended by Federal Law dated December 4, 2007 N 324-FZ) (see text in the previous “edition”) c) in connection with organizational and staffing measures; d) for family reasons provided for by the legislation of the Russian Federation on military duty and military service; 3) exclusion of a participant in the savings-mortgage system from the lists of personnel of a military unit in connection with his death or death, recognition of him as missing in the manner prescribed by law, or declaring him dead; 4) dismissal of a serviceman for health reasons - in connection with his recognition by a military medical commission as unfit for military service.

(Clause 4 introduced by Federal Law dated December 4, 2007 N 324-FZ)

If she had not donated her share, then as a member of the owner’s family, relying on Article 31 of the Housing Code, a subsidy could have been received as a military personnel based on the presidential decree, but now there is a clear deliberate deterioration of living conditions under Article 52 of the Housing Code.

Hard to say. In this situation, your family will be recognized by the housing commission as in need of improved conditions. It will be taken into account exactly when the wife donated her share (Article 53 of the RF Housing Code). There may be a refusal due to this. The five-year period from May 2014 has not yet passed.

Good evening! The procedure for determining the need to improve the living conditions of a serviceman or his family members for registration with the RUZHO occurs in accordance with Art. 51 housing code. (LC RF) According to Art. 53 Housing Code of the Russian Federation Citizens who, with the intention of acquiring the right to be registered as needing residential premises have committed actions as a result of which such citizens can be recognized as needing residential premises, are registered as needing residential premises no earlier than after five years from the date of commission of these intentional actions.

So, in May 2019, 5 years will have already passed. They can also register it in order to include it in the calculation of subsidies.

Since according to Art. 53 of the Housing Code of the Russian Federation, citizens who, with the intention of acquiring the right to be registered as those in need of residential premises, have committed actions as a result of which such citizens can be recognized as needing residential premises, are registered as those in need of residential premises no earlier than five years later from the date of commission of these intentional actions. The action was committed in May 2014 with the intention of acquiring the right to be registered as those in need of residential premises (and it does not matter that this is a donation and there was privatization before it), therefore, after 5 years, it is registered as those in need of residential premises. You're on time! Good luck to you!

I am a military pensioner, I have 20 years of service in calendar terms, I served in the Far North region for 15 years, I am registered in the North. But I have been living in the Moscow region for a long time (for family reasons). The military registration and enlistment office wants to remove the regional coefficient from me because I don’t come to check in with them. Do they have the right to do this?

I am a military serviceman with calendar service of more than 20 years, the contract was concluded on March 18. 2009 for 10 years, this year I will be dismissed at the end of the contract, I will turn 42 years old on March 27, 2019, if I reach the full 42 years, I will be entitled to an additional 30 days of leave, demobilization? Thank you.

Hello, I clarify that according to paragraph 10 of Article 11 of the Federal Law “On the Status of Military Personnel”, military personnel whose total duration of military service is 20 years or more, in one year out of three years before they reach the age limit for military service or in the year of dismissal from military service for health reasons or in connection with organizational and staffing measures, in addition to the main leave, at their request, they are granted leave for personal circumstances lasting 30 days. The specified leave is also provided to military personnel who, in accordance with federal laws, perform military service after they have reached the age limit for military service and have not used the specified leave before. This leave is granted once during the period of military service. Thus, since by the date you indicated you will not reach the age limit for military service, and also taking into account the basis for your dismissal from military service (at the end of the contract, and not on one of the preferential grounds), we should come to the conclusion that the leave Due to personal circumstances, you are not entitled to 30 days.

After 4 years, 20 calendar years of service, can I sign a contract for 4 years, not 5 years? Thank you.

You can’t, you’re clearly not one of the exceptions. Federal Law of March 28, 1998 N 53-FZ (as amended on December 27, 2018) “On military duty and military service” Article 38. Duration of military service for military personnel serving under conscription or under contract 5. New contract for military service service is concluded with: a) a military personnel who is a citizen, with the exception of the military personnel specified in subparagraph "b" or "c" of this paragraph - for a period of one year, three years, five years, ten years or for an indefinite period(before the age limit for military service); 6. A contract for military service may be concluded with a military serviceman for a shorter period - until the age limit for his military service.

I serve in the FSB PS. I want to quit at the end of my contract. I have served for 20 calendar years (I am 39 years old at the time of dismissal). I want to write a report on my length of service at the time of my dismissal, in order to know for sure whether I have 20 years or are a few days short. How to write this report correctly?

Clause 1 Article 51. Federal Law of March 28, 1998 N 53-FZ (as amended on May 1, 2017) “On Military Duty and Military Service” regulates the grounds for dismissal from military service 1. A serviceman is subject to dismissal from military service, paragraph p. . b) upon expiration of the period of military service under conscription or the term of the contract; According to DECREE OF THE PRESIDENT OF THE RUSSIAN FEDERATION dated 01/02/2017 N 5 “ON AMENDING THE REGULATIONS ON THE PROCEDURE FOR MILITARY SERVICE”, APPROVED BY DECREE OF THE PRESIDENT OF THE RUSSIAN FEDERATION DATED SEPTEMBER 16, 1999 N 123 7, AND IN THE DISCIPLINARY CHARTER OF THE ARMED FORCES OF THE RUSSIAN FEDERATION, APPROVED BY DECREE OF THE PRESIDENT OF THE RUSSIAN FEDERATION DATED NOVEMBER 10, 2007 N 1495 clause 11. A serviceman performing military service under a contract who fails to submit a report on the conclusion of a new contract with him within the time limit established by paragraph 9 of this article is presented for dismissal from military service.

I am a military man. More than 20 years of service in calendar terms. I am preparing documents to receive a subsidy. Family of 4 people. My son is currently studying at a military school. Registration of the whole family at my place of service. Can I count on receiving a subsidy for a family of four?

Good afternoon If the whole family is registered at my place of service. Then, based on Article 15 of the Federal Law on the status of military personnel, you can count on a housing subsidy based on the composition of the family of 4 people.

Order of the Ministry of Defense of the Russian Federation No. 510, as well as Article 15 of the Law of the Russian Federation “On the Status of Military Personnel,” clearly states the conditions under which a subsidy can be provided. In particular, we are talking about the following conditions: if the contract was concluded before January 1998 (with the exception of cadets and university graduates), and the military personnel are recognized as being in dire need of living space; the serviceman was transferred to the reserve due to health reasons or due to staff reduction, but at the same time he managed to serve 10 years or more, and was recognized as in dire need of residential real estate. It is worth noting that this also includes those military personnel who are transferred to the reserve due to age; military personnel who served 20 years or more, while they used official housing. It is worth noting that the subsidy provided is of a one-time monetary nature. It was formed as an alternative to the usual queue for housing. To receive this subsidy, you must be recognized as in dire need of housing. This recognition procedure is clearly prescribed by Federal Law No. 76, as well as Article 51 of the Housing Code of the Russian Federation. For recognition, you must contact the executive authority (department) and provide the appropriate list of documents. Yes, you can count on a subsidy; for this, you submit a report recognizing you as in need of housing.

Hello. You can count on it. There is a review of the judicial practice of the Supreme Court of the Russian Federation, according to which 7. Housing is allocated to a military personnel taking into account all members of his family, including military personnel, if the latter are not provided with housing. The military court - military unit 10706, by its decision, refused to satisfy the complaint of A. and partially satisfied the complaint of Zh., obliging the command to pay Zh. free financial assistance for the construction of an apartment in a housing cooperative in the amount of 100% of the cost of its area, based on the social norm for the area of ​​housing , due to the applicant, his wife and mother, taking into account the applicant’s right to additional living space as a teacher at a military educational institution for vocational education. The Military Court of the Baltic Fleet upheld this decision insofar as it concerns Zh.’s claims. The military board, having considered the case based on the protest of its chairman, changed the decisions taken and ordered military officials to provide Zh. with free financial assistance for the construction of an apartment in the amount of 100% of the cost of its area, which, based on the social norm of housing area, is due to the applicant himself, and also to his wife, mother and son, taking into account J.’s right to additional space as a teacher of a military educational institution for vocational education. From the evidence examined at the court hearing, it is clear that at the time Zh. applied for free financial assistance, the family of this serviceman included his wife, mother and son. The court reliably established that the applicant’s son graduated from the Higher Naval School in 1997. According to the certificate issued by the military unit, Lieutenant Zh. (the applicant’s son) is serving under a contract and is not provided with housing due to his military service under the first contract. In accordance with Art. 15 of the Federal Law of May 27, 1998 “On the Status of Military Personnel”, military personnel undergoing military service under a contract are provided with service living quarters or dormitories for the first five years of military service (not counting the time of study in military educational institutions of vocational education). During this period, they and members of their families retain the right to residential premises occupied before entering military service. They cannot be excluded from the lists of those in need of improved housing conditions at their place of residence before conscription (entry) into military service. Given such data, the conclusion of the court of first instance that the applicant’s son, being an independent subject of military legal relations, was subject to housing provision as a serviceman, and not as a member of the family of a serviceman, is untenable. Determination of the military board No. 5 n-62/2001

I am a military serviceman with more than 20 calendar years of service. Can I apply to Joe with an application to be recognized as needing housing or only six months before dismissal after a conversation with the unit commander.

Hello dear site visitor, what does this conversation have to do with it? Collect documents and submit, and then receive an answer, if you disagree with which, you can appeal it in court. Good luck to you and all the best, with respect, lawyer Ligostaeva A.V.

Is a military pensioner due to length of service (age 40 years, 33 years of service in 20 calendar years) entitled to an apartment tax benefit?

Dear site visitor! According to Article 407 of the Tax Code of the Russian Federation "Tax benefits 1. Taking into account the provisions of this article, the following categories of taxpayers have the right to tax benefits: 10) pensioners receiving pensions assigned in the manner established by pension legislation, as well as persons who have reached the ages of 60 and 55 years (men and women, respectively), to whom, in accordance with the legislation of the Russian Federation, a monthly lifelong maintenance is paid; 2. A tax benefit is provided in the amount of tax payable by the taxpayer in relation to the taxable item owned by the taxpayer and not used by the taxpayer in business activities 4. A tax benefit is provided for the following types of taxable objects: 1) an apartment, part of an apartment or a room; 2) a residential building or part of a residential building; 3) a premises or structure specified in subparagraph 14 of paragraph 1 of this article; specified in subparagraph 15 of paragraph 1 of this article; 5) garage or parking place."

I am a military man, I have three children. 20 calendar years of service. My father, a military pensioner, received an apartment through public housing, and my wife and I each had a 1/5 share. More than 5 years have passed since the alienation. What can I expect from our valiant Russian Defense Ministry?

Hello, if a share in the right to the specified residential premises was acquired by you and your wife on the basis of a gift (purchase and sale) agreement concluded between you and your father, and the size of the civil housing settlement was calculated without taking into account you and your wife, as members of the family of a military man, You do not currently live together with your parents in residential premises owned by them (these circumstances indicate the existence of the right to use), the living area of ​​which for all residents meets the accounting standard or exceeds it, then after five years from the date of intentional deterioration housing conditions, you have the right to raise the question of recognizing you as needing housing before the housing authority. Regards, Ivan.

Calendar length of service 20 years, dismissal at the end of the contract. Will they pay a pension after dismissal if they are not 45 years old?

They will pay. Age is not important, even 35. If you have length of service, a pension is awarded.

In accordance with Article 13 of the Law of the Russian Federation dated February 12, 1993 N 4468-1, the right to establish a pension for length of service belongs to categories of military personnel who, on the day of dismissal from service, have length of service in the amount of n less than 20 years old or dismissed from service due to reaching the maximum age limits for service, health, or as a result of organizational changes.

Calendar service is 20 years, preferential service is 27 years, how will the pension be calculated?

By length of service we mean preferential service. Law of the Russian Federation of February 12, 1993 N 4468-I “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system , troops of the National Guard of the Russian Federation, and their families" (with amendments and additions) Article 14. Amounts of pensions Pension for length of service is established in the following amounts: a) to persons specified in Article 1 of this Law who have 20 years of service or more: for 20 years of service - 50 percent of the corresponding amounts of monetary allowance provided for in Article 43 of this Law; for each year of service over 20 years - 3 percent of the specified amounts of salary, but in total no more than 85 percent of these amounts;

I am a military man with 20 calendar years of service. The employment contract with me became invalid and a new one was not concluded. Recognized as needing improvement Zh.U. I want to resign at the end of my contract. Am I being taken away without housing or subsidies?

It depends what you mean. If the grounds for dismissal do not indicate the allocation, they can. Federal Law of May 27, 1998 N 76-FZ (as amended on August 3, 2018) “On the status of military personnel” (as amended and additionally, entered into force on August 10, 2018) Article 23. Dismissal of citizens from military service and the right for employment Military personnel - citizens whose total duration of military service is 10 years or more, who are registered as needing residential premises with a federal executive body or a federal state body in which military service is provided for by federal law, without their consent cannot be dismissed from military service upon reaching the age limit for military service, health reasons or in connection with organizational and staffing measures, without providing them with living quarters or a housing subsidy, except for the cases provided for in paragraph three of this paragraph. If these military personnel wish to receive living quarters other than the place where they were discharged from military service, they are provided with living quarters at their chosen place of residence in the manner prescribed by paragraph 14 of Article 15 of this Federal Law.

Resigned from the Ministry of Emergency Situations under clause 8 due to health restrictions, service for more than 20 calendar years. I recently found out that insurance covers 50 and 500 thousand rubles. I would like to know what it is? And if this is really possible, then how can I get all this money? Thank you!

Federal Law of December 30, 2012 N 283-FZ “On social guarantees for employees of certain federal executive bodies and amendments to certain legislative acts of the Russian Federation” Article 3 7. Employees whose total duration of service in institutions and bodies is 20 years or more, with upon dismissal from service in institutions and bodies, a one-time benefit is paid in the amount of seven salaries, and employees whose total duration of service in institutions and bodies is less than 20 years, upon dismissal from service in institutions and bodies, a one-time benefit is paid in the amount of two salaries. based on the official salary and salary for a special rank established for the employee on the day of dismissal from service. If now or within a year from the date of dismissal a disability is established due to an illness acquired during the period of service, then insurance will be provided, the amount of which depends on the disability group. Moreover, the law 5. If a citizen of the Russian Federation, dismissed from service in institutions and bodies, is determined to be disabled due to a military injury received in connection with the performance of his official duties and which excludes the possibility of further service in institutions and bodies, he, in the manner determined by the head The federal executive body in which the employee served is paid monthly monetary compensation with the subsequent recovery of the paid amounts of said compensation from the perpetrators in the manner established by the legislation of the Russian Federation. The amount of monthly monetary compensation is calculated based on the size of the monthly salary and the amount of the monthly bonus to the monthly salary for length of service (length of service), accepted for calculating pensions, using the following coefficients: 1) in relation to a disabled person of group I - 1; 2) in relation to a disabled person of group II - 0.5; 3) in relation to a disabled person of group III - 0.3.

When a military member participating in the NIS reaches 20 years of service, incl. in preferential terms, he has the right to savings. The onset of the so-called “20” allows a military member participating in the NIS to resign for absolutely any reason, incl. at the end of the contract, and even according to the NUC.

The most important thing for a military member participating in the NIS to remember is that the 20 should include only military service and no other (often confused with length of service in the FSIN, Ministry of Internal Affairs, etc., which is taken into account when calculating pensions, but does not count towards military service).

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Dismissal under such an article as “reaching 20 years of military service” allows a NIS participant to be excluded from the register “with the right”, i.e. nothing will have to be returned to the state. The NIS participant has actually “earned” the right to the funds that the state allocated to him for the purchase of residential premises or credited to his account in Rosvoenipoteka.

If, during his participation in the system, a serviceman bought residential real estate - an apartment under the Military Mortgage program or a house on a plot under a military mortgage, he must be aware that upon dismissal under this article, he must repay all debts on the loan in full independently.

He is not entitled to any additional payments from the state under this article of dismissal. , is removed after receipt of information from the unit in the absence of overpayments from Rosvoenipoteka (to avoid them, the participant is obliged to notify Rosvoenipoteka of his dismissal from military service within 5 days). The bank's encumbrance is removed only upon full payment of the loan.

Debt to the bank after dismissal with 20 years of service

It is worth understanding that when the Military Mortgage was issued, the bank calculated the loan until the serviceman was 45 years old.

And the onset of 20, and especially in preferential terms, does not always correspond to 45 years. For example, for officers, 20 years of calendar service usually begins at 37–38 years of age; 20 years of preferential service often begins at 32–33 years of age.

In the first years of the loan's life, only interest is repaid, and the principal is repaid closer to the end of the loan term. This factor must be taken into account when purchasing an apartment with a military mortgage.

Thus, even if you are fired with 20, a situation is possible when someone fired “with the right” will be left with a huge debt to the bank. And this debt will fall entirely on the shoulders of the former NIS participant.

If, during participation in the state program, the serviceman did not buy housing or bought it only under the CZHZ agreement (without Military mortgage), then upon dismissal under 20, Rosvoenipoteka transfers everything that is in the participant’s personal account to his personal bank account. No one needs to account for the intended use of these funds. The encumbrance in favor of the Russian Federation, if the apartment was purchased on a military mortgage, is removed after registration and sending the established form of information to the military unit.