Federal Law on labor pensions in the Russian Federation, as amended, is the latest version of the law. New pension law

The pension reform of 2015 is a kind of next step in development pension system and the legislation that governs it. However, now both analysts and ordinary citizens are increasingly faced with the question: was this step a step backward? Has the pension system gone in the right direction? Of course, there is no clear, and most importantly correct, answer to this question.

In order to understand the essence of this reform, it is necessary to analyze the legislation that regulated the pension system until 2015, and then evaluate how it was changed by the current new laws.

Legislation before reforming the pension system

Before the introduction of new laws (we will consider it as the most common in Russian Federation) was calculated and assigned in accordance with Federal Law dated December 17, 2001 N 173-FZ. Based on this document, this can be defined as a monthly cash payment assigned to insured persons who lost their ability to work due to, or if they were such persons (breadwinners) and ceased to receive a livelihood due to their death.

When considering the pension system before 2015, one should take into account the fact that it was a single payment consisting of insurance and savings parts.

Law No. 173-FZ “On Labor Pensions in the Russian Federation”

As mentioned above, the main document until 2015 was the federal law “On labor pensions in the Russian Federation”. Everything related to payments and conditions under which the appointment took place was contained in it. To better understand the changes that the 2015 pension system reform brought, it is worth identifying the main points that are reflected in this document.

Types of labor pensions:

• - this type pension payments assigned to persons who have been diagnosed disability;
• - paid to disabled dependents of insured persons in the event of their death;
• - prescribed to men and women aged 60 and 55 years, respectively, if they have insurance period at least 5 years.

It is also worth noting such a concept as the period during which the Pension Fund of the Russian Federation (PFR) was received.

An important factor was, among other things, the indexation of the size of the labor pension, the possibility early exit at her individual categories citizens, as well as the implementation of recalculation of the amount of payments if citizens have circumstances for this.

Until 2015, the main components of the formulas for calculating labor pensions were the following values: base size, amount of pension savings, expected period of payments and coefficient (insurance period in months/180 months).

New pension reform of 2015 in Russia

From 2013 to the end of 2014, the State Duma developed bills that were supposed to the third time(over the past 25 years) reform the system relating to labor pensions.

The main change that brought was abolition of labor pension as such: now, instead of its two component parts, two independent pensions have appeared, the calculation and assignment of which are regulated by two different laws- this and .

In addition, the new legislation has changed the formula by which the insurance pension is calculated - it now includes an individual pension coefficient ( pension point or IPC), as well as its cost. It is these values ​​that have been decisive since 2015 when calculating insurance pension benefits.

Changes in pension legislation

First of all, it’s worth looking at the real steps that the country’s leadership has already done in this area:

• promotion retirement age for civil servants;
• freezing pension savings;
• change of rules.

A clear answer to the question “How will the pension system develop?”, of course not. However, it is clear that the Ministry of Finance and the Ministry of Labor are lobbying for bills (which, according to experts, could be implemented as early as 2017), in fact, negating the advantages that could be found in the 2015 reform:

• termination of pension payments And ;
• once again planned change the order of formation funded pension - Now the capital for it will have to be formed from conditionally voluntary contributions.

Conclusion

The 2015 reform can be viewed differently: some will see advantages in it, others will advocate for more complexity. However, the only thing that citizens can do in this situation is to become more savvy in the pension sector: read literature, follow the news, and finally, do not hesitate to seek advice from employees of pension departments.

To say with 100% certainty whether reforming the pension system was a step in the right direction, for now no one can- even among the people who introduced these laws for consideration in the chambers of parliament, disputes still rage as to whether society and the country really needed it.

October 3, 2018 Vladimir Putin signed an increase in the retirement age in Russia, which was adopted by the State Duma on September 27 in its final form, taking into account the recommended amendments. The main one is to increase the retirement age for Russians by 5 years - that is from 60 to 65 years for men and from 55 to 60 years for women. The transition to new values ​​is proposed to be carried out gradually, starting already from January 1, 2019.

The retirement age will increase annually for 1 year with the exception of those Russians who will reach old retirement age (60/55 years) in the next 2 years - in 2019 and 2020. For them, in order to mitigate the consequences of the reform, a new retirement age (for example, in 2019, the retirement period for women and men will increase by only 6 months instead of 1 year).

With text Law of October 3, 2018 No. 350-FZ the increase in the retirement age, which has already been signed by the President and officially published, can be found below. Basic provisions new reform come into force on January 1, 2019.

It is worth noting that consideration of the bill caused lively debate among deputies State Duma, however, in all readings of the document was adopted by majority vote(primarily thanks to the support of the faction " United Russia", which has a parliamentary majority).

Changes in pension legislation since 2019

New law on pensions from 2019 contains adjustments to the retirement age for future recipients the following types pensions:

The changes provided for by law are being implemented from January 1, 2019 with a transition period, during which the retirement age will be gradually changed until it reaches the value established by law. However, adjustments will be introduced for civil servants one year later - from 2020, since for them this process has already been going on for several years - since January 1, 2017, in accordance with a similar law No. 143-FZ of May 23, 2016 (i.e., for civil servants, the schedule for changing the retirement age adopted since 2017 by the new law, starting from 2020).

It is worth noting that all proposed changes in pension legislation since 2019 won't touch those Russian citizens who are already receiving a pension- the new measures are aimed only at extending the “period of working capacity” for future pensioners who must reach retirement age in 2019.

Receipt of old age insurance pension from 2019

From January 1, 2019, the release dates will be adjusted. Initially, the Government, according to the new law, taking into account transitional provisions, planned to establish a new retirement age - for men 65 years old, for women 63 years old. However, according to the President’s proposal, the age for women was reduced to 60 years, i.e. As a result, the increase for men and women will be the same - by 5 years.

And this increase will occur in stages - with an annual increase of 1 year(and taking into account the adopted presidential amendments - except for the first two years of the new law: 2019 and 2020) until the final standards established by the new law for men and women are reached in 2023 (60 years for men and 55 years for women).

To determine the year in which an old-age pension was assigned under the new law, you can use the data presented in the table:

Table - Retirement from 2019 by year

Note: The table has already been adjusted taking into account the final content on raising the retirement age, adopted by the State Duma in the third reading at a meeting on September 27, 2018 and signed by the President on October 3, 2018.

Thus, the following conclusions can be drawn:

• Changes under the new law will apply to all citizens of the Russian Federation who were supposed to retire in old age starting from 01/01/2019 - that is women born in 1964 and men born in 1959.
• For 5 years, a so-called “transition period” will operate for women and men, within which the retirement age will increase by 1 year annually(except for the first two years of the transition period, when you can retire six months earlier).
• For women from 1968 and men from 1963 will already be installed final values ​​- 60 and 65 years. Accordingly, they will be the first in Russia to retire later on everything adopted by the State Duma 5 years difference - in 2028 instead of 2023 under the old law (see table above).

However, the new law provides for the possibility of reducing the retirement age by 24 months. This reduction is established if women have 37 years of experience (if they have reached 55 years of age) and 42 years of experience for men (if they have reached 60 years of age).

Preferential pensions for teachers, medical workers, creative workers from 2019

According to the old law, teachers and medical workers were required to have 25-30 years of work experience (depending on the place of work) for early retirement in old age. According to the new law, the right to early assignment of a pension in the presence of such length of service is retained, but the withdrawal deadline carried forward for 5 years after purchase required quantity years of experience. In this case, a gradual increase in the term of appointment is provided (annually by 1 year, except for the first two years with the provided preferential exit for retirement) in the period from 2019 to 2023 until the required value of 5 years is reached.

The deadlines for assigning early insurance pensions for teachers and doctors by year are shown in the table:

Thus, from 01/01/2019, go to early insurance pension and after receiving required experience it will be possible only after the number of years established by law: from 0.5 to 4 years in the period from 2019 to 2022 and after 5 years, starting in 2023. Also, for these categories of workers, the possibility of retiring at the new generally established retirement age remains - upon reaching 60 or 65 years of age.

For employees creative activity(in theaters and theatrical and entertainment organizations), according to the old law, the possibility of early retirement, depending on the nature of the work, was provided at the age of 50-55 years with 15-30 years of work experience. The new pension law from 2019 also sets a new retirement age for such workers - 55-60 years subject to the same length of service requirements. The increase will also occur annually for 1 year until the value provided for by the new law is established (see similar examples in the tables above).

Raising the retirement age for workers in the Far North

Until the end of 2018 for those working in the districts Far North(RKS) and equivalent localities (MKS), the legislation establishes the age of emergence of the right to - respectively 50 and 55 years for women and men. Unfortunately, as a result of the pension reform for northerners, changes in the retirement age will also be provided - accordingly up to 55 and 60 years old.

The Government explains such measures by the changed situation in the northern regions of the country: infrastructure is developing, the life expectancy of Russians is increasing and living conditions are improving.

Until new values ​​are established for RKS and ISS workers also a transition period is provided: from 2019 to 2023 for men and women. During it, the standard age will increase by 1 year annually until it is set at 55 and 60 years (except for 2019 and 2020, when “preferential” conditions for retirement will still apply).

It should be noted that changes to the assignment rules northern pensions working in difficult and hazardous working conditions(underground work, hot shops, metallurgical, chemical, petrochemical industries, etc.).

Retirement of civil servants from 2019

Changes in pension legislation will also affect. For them, retirement age has already increased since January 1, 2017, but the previously adopted law provided for an increase in the value to 63 and 65 years annually in six-month increments. According to the new law, the retirement age for civil servants will increase from 01/01/2020 at the same pace as for other citizens - annually for 1 year.

The change for civil servants will occur according to a new schedule presented in the table:

Thus, the rules for changing the retirement age of civil servants provided for by the old law will be adjusted. Transition period, during which there will be a gradual increase in the retirement age, will be reduced for women by 6 years (until 2026 instead of the previous 2032), for men - by 3 years (until 2023 instead of 2026). That is the increase will happen faster.

Social pensions from 2019

In addition to those already discussed above, pension reform from 2019, a number of changes are envisaged regarding the conditions of appointment, in particular social pensions old age, intended for persons who have not worked out what is necessary.

Until 2019, persons who had reached the age of 65 years for men and 60 years for women were eligible (i.e., 5 years later than the generally established retirement age of 60/55 years for 2018). Under the new law, such a right will arise only upon reaching 70 and 65 years of age(i.e. also with an increase of 5 years relative to the new age of 65/60 years).

At the same time, for social pensions, the law also provides for transitional provisions that establish a gradual increase in the retirement age, starting January 1, 2019(and in 2019 and 2020 there will be preferential terms retirement, according to those proposed by the President).

All new statutory retirement ages for receiving social pensions for men and women (70 and 65 years old, respectively) will be finally established in 2023.

Who will not be affected by raising the retirement age in Russia?

First of all, changes provided for by law from 2019 will not affect those who are already retired- all pensioners will continue to receive all payments already assigned to them in accordance with previously acquired rights and benefits.

Besides, passed law does not provide increasing the retirement age for certain categories of citizens:

1. Those employed in work with heavy and harmful conditions labor, namely:
   • employees for whose benefit the employer pays insurance premiums at the appropriate tariffs that were determined as a result special assessment working conditions;
   • pilots civil aviation, engineering and technical staff for aircraft maintenance;
   • flight test personnel involved in testing aircraft and other equipment;
   • workers of locomotive crews, workers organizing transportation and ensuring traffic safety on railway transport and in the metro;
   • drivers of construction, road, loading and unloading equipment;
   • tractor drivers working in agriculture and other areas;
   • workers in logging, timber rafting, as well as those involved in servicing machinery and equipment;
   • truck drivers in mines, quarries, shafts, etc.;
   • in underground or open-pit mining, in mine rescue units, in the extraction of shale, coal, ore and other minerals;
   • in the construction of mines and mines;
   • in geological exploration, search, topographic teams and expeditions, in survey and other work;
   • in the sea crew, river fleet, in the fishing industry;
   • drivers of passenger transport on regular city routes (buses, trolleybuses, trams);
   • lifeguards in emergency services;
   • working with convicts in organizations executing criminal sentences in the form of imprisonment;
   • women working in the textile industry with heavy loads in high-intensity conditions and others.
2. Citizens who are entitled to a pension for health reasons or social reasons:
   • one of the parents or guardians who raised them until they reached the age of 8;
   • visually impaired people of group 1;
   • women who have given birth to 5 or more children and raised them until they reach 8 years of age;
   • women who have given birth to 2 or more children and have established work experience in the Far North and equivalent areas, and others.
3. Persons who have suffered as a result of man-made or radiation disasters(at the Chernobyl nuclear power plant, the Mayak chemical plant, the Semipalatinsk test site, etc.).

Full detailed list persons who will not be affected by the government-planned increase in the retirement age from 2019 are given in (PDF file format), prepared by specialists of the Pension Fund of the Russian Federation.

The Law on Labor Pensions regulates the procedure for obtaining pension benefits for a special category of citizens. This article will discuss Federal Law No. 173-FZ of December 17, 2001, as well as some other laws in the field of pensions.

Important! It should be immediately noted that Federal Law No. 173-FZ of December 17, 2001 “On Labor Pensions in the Russian Federation” does not apply starting from January 1, 2015. The exceptions are the rules governing the calculation of the size of labor pensions and those that are used to determine the size of insurance pensions.

Download the Federal Law on Labor Pensions with the latest changes

In law we're talking about about employees who have already reached retirement age and have statutory experience labor activity. The law also establishes the types of pensions and categories of citizens who can receive them.

In addition, the law on labor pensions regulated the following issues:

• conditions for receiving pension benefits and the procedure for its calculation and delivery;
• the procedure for calculating deductions from pension payments;
• the procedure for calculating pension amounts directly.

Law on Labor Pensions - structure of the normative act

The document consists of 7 chapters and 32 articles:
Chapter I. General provisions

• Article 1. Legislation of the Russian Federation on labor pensions
• Article 2. Basic concepts used in this Federal Law
• Article 3. Persons entitled to a labor pension
• Article 4. Right to choose a pension
• Article 5. Types of labor pensions
• Article 6. Financial support for the payment of labor pensions (parts of the old-age labor pension)

Chapter II. Conditions for assigning labor pensions

• Article 7. Conditions for assigning an old-age labor pension
• Article 8. Conditions for assigning a disability pension
• Article 9. Conditions for assigning a labor pension in case of loss of a breadwinner

Chapter III. Insurance experience

• Article 10. Periods of work and (or) other activities included in the insurance period
• Article 11. Other periods counted in the insurance period
• Article 12. Procedure for calculating the insurance period
• Article 13. Calculation rules and procedure for confirming insurance experience

Chapter IV. Amounts of labor pensions

• Article 14. Amounts of old-age labor pensions
• Article 15. Amounts of disability pension
• Article 16. Amount of labor pension in case of loss of a breadwinner
• Article 17. Determination, recalculation, indexation and adjustment of the size of labor pensions
• Article 17.1. The share of the insurance part of the old-age labor pension, established in addition to the long-service pension for federal state civil servants
• Article 17.2. The share of the insurance part of the old-age labor pension established in addition to the long-service pension for citizens from among the flight test personnel

Chapter V. Assignment, recalculation of amounts, payment and delivery of labor pensions

• Article 18. Procedure for assignment, recalculation of amounts, payment and delivery of labor pensions
• Article 19. Deadlines for assigning a labor pension
• Article 20. Terms for recalculating the amount of labor pension
• Article 21. Suspension and resumption of payment of labor pension
• Article 22. Termination and restoration of labor pension payments
• Article 23. Terms of payment and delivery of labor pension
• Article 24. Payment of labor pensions to persons leaving for permanent residence outside the territory of the Russian Federation
• Article 25. Responsibility for the accuracy of information necessary for establishing and paying a labor pension
• Article 26. Deductions from labor pension

Chapter VI. The procedure for preserving and converting (transforming) previously acquired rights

• Article 27. Retention of the right to early assignment of a labor pension
• Article 27.1. Early assignment of labor pensions to citizens from among flight test personnel
• Article 28. Retention of the right to early assignment of a labor pension to certain categories of citizens
• Article 28.1. Summing up the length of service in relevant types of work and reducing the age giving the right to an old-age pension for persons who worked in the Far North and equivalent areas
• Article 29. Recalculation of labor pension amounts based on pension file documents
• Article 29.1. Settlement amount pension capital the insured person, taking into account which the amount of the labor pension (the insurance part of the old-age labor pension) is calculated
• Article 30. Valuation pension rights insured persons
• Article 30.1. Valorization of the value of the estimated pension capital of the insured person, calculated when assessing his pension rights
• Article 30.2. Determining the size of the labor pension taking into account the amount of valorization
• Article 30.3. Recalculation of the amount of labor pension in connection with a change in the amount of the estimated pension capital calculated when assessing the pension rights of insured persons and (or) a change in the amount of valorization

Chapter VII. The procedure for enacting this Federal Law

• Article 31. Entry into force of this Federal Law
• Article 32. Entry into force of the expected period for payment of labor pension established by this Federal Law

Important! The provisions of the law on labor pensions became invalid after changes were made to the legislation. For example, after the provisions of the law on insurance pensions come into force, the provisions of the law under discussion are valid only to the extent that does not contradict this innovation.

Changes in pension legislation

In 2004, the Supreme Court adopted a ruling according to which every citizen of the Russian Federation has the right to expect that a pension will be assigned in accordance with the legislation that was in force during the period of working activity. That is, if a citizen has observed all the pension reforms taking place from 1990 to 2015, then the assignment of a pension will take place on the basis of all three laws.

With the pension reform of 2015, two new federal laws came into force at once - On insurance pensions and funded pensions; accordingly, the Law on Labor Pensions, for the most part, ceased to apply.

Federal Law No. 400-FZ “On Insurance Pensions”

The Law on Insurance Pensions was adopted due to the need to create an appropriate base for each type of pension. The main change affected the conditions for assigning old-age insurance pensions, where significant changes took place:

• instead of the previously required 5 years of experience, an annual system of increasing length of service was introduced from 6 (2015) to 15 years (2024);
• the concept of a fixed payment appeared instead of the previously existing “fixed base amount”;
• the influence of individual pension coefficient, the value of which must be at least 30 at the end of the transition period.

The law on insurance pensions also provides for an increase fixed payment in the case when a citizen does not retire voluntarily when he is already entitled to it.

Federal Law No. 424-FZ “On funded pensions”

A funded pension is a monthly cash payment, calculated based on the funds in the special part of the personal account of the insured persons. According to Article 4 of this law, citizens who have an amount equal to at least 5% of the amount of the insurance pension on the main personal account are kept in a special part of their personal account. If a person has an amount less than 5% of the insurance pension in his savings account, the citizen has the right to receive this entire amount in full (at one time).

The legislative document establishes that the size of the funded pension can be increased with the help of additional contributions and contributions at the initiative of the employer, additional payments maternity capital, as well as under the pension co-financing program.

It should be noted that this 173-FZ “On Labor Pensions in the Russian Federation” has been applied to a very limited extent since January 1, 2015. Only those articles that relate to the calculation of the amount of labor pensions are valid. The main part of pension regulation in Russia occurs in accordance with the Federal Law of December 28, 2013 N 400-FZ (“On Insurance Pensions”).

general characteristics

Law No. 173-FZ talks in detail about the methods for calculating pension payments. It includes six articles. At the beginning of the Law come general provisions, inherent in many regulatory legal acts. The following explains general concepts- length of service, labor pension, personal account, pension capital, pension savings and others. The types of persons who are entitled to receive pension payments are also indicated. These are men over 60 years of age and women over 55 years of age. These may also be minors or incapacitated citizens who were dependent on the deceased (in the case of a survivor's pension).

Seniority

Chapter 3 of the Federal Law “On Labor Pensions in the Russian Federation” is devoted to length of service. A minimum length of service is required to calculate an old-age pension. Moreover, the main condition here is the deduction pension contributions employer in Pension Fund Russia. That is, the “gray” salary in an envelope does not affect the increase in length of service.

The Law also regulates the procedure for calculating length of service and outlines procedures for confirming it (if necessary).

In addition to work, there are also other periods that are counted towards length of service. For example, maternity leave. The list of such periods is clearly stated in the Law.

Pension payments

The amount of pension payments is discussed in Chapter 14 of Law No. FZ-173. This chapter is perhaps the most extensive and most important. It is replete with formulas and fixed indicators that allow you to calculate the size of your retirement pension. For an inexperienced reader, all these calculations may seem incomprehensible. In this case, we recommend that you use the comments of Federal Law No. 173-FZ or any information Center, where they will help you figure it out.

• the amount of old-age labor pension, fixed in regulations;
• the amount of pension capital to be calculated;
• expected payment period in months (currently this period is 19 years).

conclusions

So, the Law “On Labor Pensions in the Russian Federation” No. 173-FZ, which we are considering, in its latest edition, regulates critical issues, Related work experience and calculating the amount of pension payments. But this Law more intended for state and municipal employees than for ordinary citizens, due to the abundance of special information.

The Law on Labor Pensions in the Russian Federation, number 173-FZ, regulates all issues related to the calculation of pension payments. It sets legal basis so that citizens of the Russian Federation have the opportunity to receive appropriate accruals. This legal provision also stipulates the procedure by which these processes are carried out.

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

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

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

According to the main types, pension provision may be accrued on the following basis:

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

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

• conditions for early compensation for men and women involved in difficult working conditions;
• appointment of pension compensation to flight test personnel;
• certain categories of citizens who, due to health or social status can count on early order appointments;
• Workers in the Far North and equivalent areas are covered separately.

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

As a result, in the latest edition, Articles 27 and 28, together with additional ones, constitute lists of categories of citizens. Exactly this category can count on early retirement benefits.

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

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

For convenience, the document presented below contains links that provide access to related acts. This allows you to clearly see full information for any questions that arise. You can also use them to study the procedure for making changes and their content.

The latest edition of the statute 173-FZ was amended in November 2015 in accordance with the Resolution Constitutional Court RF. If we talk exclusively about the wording of Federal laws, then according to them last change falls on June 2014.