Pensions provided for by compulsory pension insurance are formed at the expense of payments paid by employers (insurers) for their employees and for themselves to the Pension Fund of the Russian Federation. Exists several types such pensions:
For citizens entering into labor relations for the first time, there is an opportunity choice of pension provision: form only an insurance fund or transfer part of the funds to a funded pension.
Currently, the general insurance premium rate in force in the OPS is 22%. This value consists of two parts:
According to the new rules, transferred funds are converted into conventional units - pension points, and the money itself goes to pay current pensions. Each year, the government indexes the value of these points for inflation to prevent them from depreciating.
The insurance pension is main type of pension in Russia. All citizens who have joined the OPS system, which means they have received SNILS, are insured persons. The insurer of such pensions is Pension Fund of the Russian Federation.
To calculate this type of payment, the following formula is used:
SP = IPC x SPK + FV,
To calculate this type of pension payment two conditions must be met:
This pension payment is established for those who served in conscription, citizens exposed to radiation, astronauts and candidates for them.
Right to a state pension under the SPC have disabled family members, first of all - children under 18 years of age, parents and spouses. The amount of compensation depends on the category of the recipient.
Pension payments to family members of a deceased serviceman who served under conscription are paid in full regardless of the fact of work.
In addition to the state OPS system, our country operates. This type of pension provision allows citizens to form another additional pension voluntarily.
To receive this type of payment, you must enter into an agreement with a non-state pension fund and make payments within a certain period.
Sources of funding non-state payments are:
Non-state pensions are assigned if you have the right to. This type of pension payment can be indefinite or carried out over several years, depending on the terms of the concluded agreement. Different NPFs offer different pension programs.
Non-state funds for the formation of pension payments operate on the basis of a license from the Bank of Russia.
The Pension Fund of the Russian Federation was created for the state management of financial resources for pension provision in our country. The PFR budget is set annually by the government and its funds can be paid to citizens
Students, graduate students, young scientists who use the knowledge base in their studies and work will be very grateful to you.
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1. Compare types of pensions and methods of calculation, in accordance with the legislation of the Russian Federation
2. Compare the types of benefits and calculation methods in accordance with the legislation of the Russian Federation
3. Practical part
List of used literature
1. Compare the types of pensions and methods of calculation, in accordance with
In accordance with Article 5 of the Law "On State Pension Security in the Russian Federation", the following types of pensions are assigned for state pension provision: Federal Law of the Russian Federation "On State Pension Security in the Russian Federation" dated December 15, 2001 N 166-FZ // "Collection of Legislation RF", 12/17/2001, N 51, Art. 4831.
1. long service pension;
2. old age pension;
3. disability pension;
4. survivor's pension;
5. social pension.
Long service pension is a monthly cash payment assigned and paid in connection with certain types of professional activities, i.e. in the presence of special experience - length of service and without taking into account the actual state of working ability. Some categories of citizens can be granted a long-service pension regardless of age.
The main condition for assigning a long-service pension is the achievement of a certain length of service, regardless of the worker’s age at the time of reaching the pension, while, for example, an old-age pension is a regular cash payment, which, on a general basis, according to Article 7 of the Law “On Labor Pensions” in the Russian Federation" is assigned and paid to persons who have reached a certain age, if they have the work experience required by law.
1. for men - upon reaching 60 years of age and with a work experience of at least 25 years;
2. for women - upon reaching 55 years of age and with at least 20 years of work experience. Federal Law of the Russian Federation "On Labor Pensions in the Russian Federation" dated December 17, 2001 N 173-FZ // "Rossiyskaya Gazeta", N 247, 12/20/2001.
The main difference between the conditions for assigning these two pensions is the achievement of a certain age in one case, and not in the other. At the same time, similar, but not identical, is the condition of having a certain length of work experience. pension social benefit
In addition, a long-service pension is awarded only when performing certain activities, for example, for military personnel.
Disability pension is a monthly cash payment established in connection with long-term or permanent actual loss of ability to work (disability).
Citizens duly recognized as disabled people of groups I, II or III have the right to a disability retirement pension. The recognition of a citizen as disabled and the establishment of a disability group are carried out by federal medical and social examination institutions.
This type of pension differs from the two discussed above in its nature. If a long service pension and an old-age pension are assigned upon reaching a certain age and (or) the presence of work experience, then a disability pension implies the occurrence of certain circumstances that prevent the further implementation of this activity.
If we consider the fact of the onset of disability, which prevents the further implementation of work from the point of view of the socio-economic principle enshrined in Article 37 of the Constitution of the Russian Federation, the Constitution of the Russian Federation (Adopted by popular vote on December 12, 1993) // "Rossiyskaya Gazeta", N 237, 25.12 .1993. , then, in my opinion, this type of pension can be regarded as ensuring this principle even in the absence of the opportunity to work.
A survivor's pension is a state monthly cash payment, the right to which, according to Article 9 of the Law "On Labor Pensions in the Russian Federation", is available to disabled family members of the deceased breadwinner who were dependent on him (with the exception of persons who have committed an intentional criminal act that resulted in followed by the death of the breadwinner and established in court). It is assigned to one of the parents, spouse or other family members regardless of whether or not they were dependent on the deceased breadwinner. The family of an unknown breadwinner is equated to the family of a deceased breadwinner if the unknown absence of the breadwinner is certified in the prescribed manner. Federal Law of the Russian Federation "On Labor Pensions in the Russian Federation" dated December 17, 2001 N 173-FZ // "Rossiyskaya Gazeta", N 247, 12/20/2001.
Unlike the three previously discussed types of pensions, this type is distinguished by a generic feature, which means that in the first three types the pension was assigned to a specific person who carried out labor activities. Here we are talking about a pension assigned to persons who, for certain reasons, depended on the “breadwinner”, i.e. person who directly carried out labor activities.
Social pension is a regular cash payment to disabled citizens who for some reason are not entitled to a labor pension.
The age of elderly citizens upon reaching which a social pension can be assigned is 5 years higher than for old-age pensioners: for women - 60 years, for men - 65 years.
The social pension is established regardless of length of service.
Social pension is assigned:
1. for elderly citizens in a fixed amount equal to 2/3 of the minimum old-age pension, for working pensioners - in the full amount;
2. citizens from among the small peoples of the North: men - upon reaching 55 years of age, women - upon reaching 50 years of age in the amount of the minimum old-age pension;
3. disabled people of any group, as well as a disabled child under 16 years of age. For disabled people of group I, disabled people of groups I and II since childhood, as well as for disabled children, the pension is set in the amount of the minimum old-age pension, and for disabled people of group II (except for disabled people since childhood) - in the amount of 2/3 of this amount, for disabled people of group III size - 1/2 of the minimum old-age pension;
4. children under the age of 18 who have lost one or both parents, if the parents did not have the length of service required to grant a labor pension in the amount of the minimum old-age pension;
5. orphans and children of a deceased single mother, which is assigned to them in the amount of the minimum old-age pension;
6. HIV-infected minors under the age of 18 have a minimum old-age pension.
As a general rule, supplements to the social pension are not accrued. The only exceptions are group I disabled people since childhood, disabled children and HIV-infected minors, who are given an allowance for caring for a pensioner in the amount of the minimum old-age pension. Home legal encyclopedia. Textbook / ed. E. G. Azarova, A. Z. Vaksyan, I. I. Shcherbakova. One-volume edition. M.: Olimp; M.: AST, 1997. P. 314.
The social pension, having the main difference from other types in the order and conditions of provision, acts as “insurance” in the event that none of the types of pensions are provided due to sufficient grounds for refusal or independent refusal.
Analyzing all the types of pensions considered, considering their fundamental differences, and taking into account their similar features, we can designate a conditional division into three groups:
1. pensions provided to citizens upon termination of employment (long service pension, old age pension);
2. pensions provided to citizens due to the inability to continue working (disability pension);
3. pensions assigned to citizens who are not related to work (survivor's pension, social pensions).
This division is conditional and is based only on my opinion for the following reasons:
1. the first group of types of pensions is united by the common feature that a citizen, having worked until a certain age and having a certain length of service, has the right to one of the pensions;
2. the second group of types of pensions considers a disability pension, according to which a pension is assigned to persons who have worked, but upon the occurrence of certain circumstances that resulted in disability, are not able to continue to exercise it;
3. the third group of pensions is assigned to persons who, for certain reasons, depend on the citizen’s labor activity and do not carry it out independently due to objective reasons.
Considering all of the above, we can draw the following conclusion. Pensions have a number of similar features, both individually and when combined into various types of groups, but, despite this, each of them has a number of its own characteristics.
2. Compare the types of benefits and methods of calculation, in accordance within accordance with the legislation of the Russian Federation
Benefits are cash payments assigned to citizens monthly, periodically or one-time in cases established by law in order to compensate for lost earnings or provide additional material assistance.
Current legislation provides for the following types of benefits:
1. temporary disability benefit;
2. maternity benefit;
3. one-time benefit for women registered in medical institutions in the early stages of pregnancy
4. one-time benefit for the birth of a child;
5. monthly allowance for the period of parental leave until the child reaches the age of one and a half years;
6. monthly child benefit;
7. unemployment benefits;
8. social benefit for funeral. Social security law. Textbook / ed. M. O. Buyanova, K. N. Gusova. 3rd ed. Reworked and additional M.: TK Welby, Prospekt Publishing House, 2007. P. 166.
Let's look at their brief characteristics.
Temporary disability benefits are the main benefit of the social security system. It is assigned to all employees (i.e., on the basis of an employment contract), as well as to other persons if they were subject to compulsory state social insurance during the period of work. The right to temporary disability benefits arises for an employee in the event of incapacity for work occurring during the period of work, including the period of probation and the day of dismissal, as well as in the event of confirmation of the fact of temporary disability with a sick leave certificate.
Russian legislation contains a set of legal norms providing for the rights and benefits of pregnant women, including the right to provide maternity benefits, the purpose of which is to compensate the woman for lost earnings, promote health protection during pregnancy, restore health after childbirth, and provide maternal care a child in the first months of his life.
A one-time benefit for the birth of a child is one of the types of state benefits for citizens with children. It is intended to compensate for one-time increased family expenses associated with the birth of a child and is issued to one of the parents or the person replacing him. In the event of the birth (adoption) of two or more children, the benefit is paid for each child. In the event of a stillbirth, no benefit is paid.
The benefit for the period of parental leave after the child reaches the age of one and a half years is issued:
1. mothers or fathers, other relatives and guardians actually caring for a child subject to state social insurance;
2. mothers studying off-the-job in educational institutions;
3. mothers undergoing military service under contract and as private and commanding officers of internal affairs bodies, etc.
Parental leave is counted towards the total and continuous length of service. During parental leave, your job is retained.
The intended purpose of the monthly child benefit is to provide state assistance in the maintenance and upbringing of children who, due to their age, cannot yet fully participate in social production. The allowance is issued to one of the parents (adoptive parents, guardians, trustees) for each child born, adopted, or taken under guardianship of a child living together with him until he reaches the age of 16 years (for a student of a general education institution - until he completes his studies, but not more than until he is 18 years old) ).
Another type of social support for the population is the payment of unemployment benefits to the unemployed. The decision to assign benefits is made by the employment service simultaneously with the decision to recognize a citizen as unemployed in the manner prescribed by the law “On Employment.” Law of the Russian Federation “On Employment of the Population in the Russian Federation” dated 04/19/1991 N 1032-1 // “Collection of Legislation of the Russian Federation”, N 17, 04/22/1996, Art. 1915.
The benefit is accrued by the employment service from the first day a citizen is recognized as unemployed for the actual number of calendar days of unemployment in each month based on the average amount of the benefit. The amounts of benefits are differentiated depending on the category of citizens recognized as unemployed. The benefit is paid at least twice a month, subject to the unemployed re-registration within the time frame established by the employment service.
On the territory of the Russian Federation, after his death, every person is guaranteed a burial taking into account his will, and is provided with a free plot of land for burying his body or ashes. In accordance with the law “On Burial and Funeral Affairs,” the payment of a social lump-sum benefit for burial is provided for and a list of funeral services is established that are provided to citizens free of charge. Federal Law of the Russian Federation "On burial and funeral business" dated 01/12/1996 N 8-FZ // "Collection of Legislation of the Russian Federation", 01/15/1996, N 3, Art. 146.
Having considered a brief description of the benefits provided in the Russian Federation, we will conduct a comparative analysis.
A characteristic characteristic of the types of benefits considered is that they are all aimed at reimbursing lost earnings or providing additional financial assistance.
Almost every benefit is aimed at separate, separate legal relations in one area or another.
Similarities can be seen among maternity benefits, for women registered with medical institutions in the early stages of pregnancy, at the birth of a child, for the period of parental leave until the child reaches the age of one and a half years, and a monthly child benefit.
Among these types of benefits, we can roughly identify common features: pregnancy, childbirth, child care and upbringing. But even among this conventionally designated group there are differences.
In some types of benefits, the subject will be exclusively the woman (mother), in others - both parents, in exclusive ones - other relatives, guardians, adoptive parents and others.
There are also differences in who will directly pay the benefits provided: a government agency, an employer, etc.
There are no permanent benefits; all of them are assigned monthly, periodically or at a time, depending on the occurrence (non-occurrence) of certain conditions, which is also a characteristic feature.
For example, temporary disability benefits are provided in connection with the temporary cessation of certain work activities. In turn, unemployment benefits do not provide payments for the suspension of something; on the contrary, payments are provided for the failure to carry out activities or the impossibility of carrying them out.
The considered comparative analysis of the types of benefits and the procedure for their provision allows us to conclude that they are similar only in terms of their intended purpose (reimbursement of lost earnings or provision of additional material assistance) and, in rare cases, based on their gender.
All other characteristics considered are inherent as individual characteristics of various types of benefits.
3. Practical part
Task No. 1.
A child was born into the family of Elena and Sergei Karpov, students of the state university. 2 months before the birth of her son, Elena took an academic leave. When the boy was 3 months old, Sergei’s mother (the child’s grandmother) offered to take care of the child herself, for which she was going to take out maternity leave at her place of work for up to 1.5 years. Elena was confused by this situation and she turned to legal advice for advice.
Answer:
According to Elena’s application, she may be granted leave to care for her child until he reaches the age of three years. Article 256 of the Labor Code of the Russian Federation refers to leave to care for a child up to 3 years old; leave to care for a child up to 1.5 years is not specified. It is discussed only in Federal Law No. 81-FZ “On State Benefits for Citizens with Children,” which defines benefit payments during parental leave for up to 1.5 years.
Therefore, according to Part 2 of Article 256 of the Labor Code of the Russian Federation, child care leave can be used in full or in parts by the child’s father, grandmother, grandfather, other relative or guardian actually caring for the child.
Accordingly, the grandmother has every right to take parental leave at her place of work until the child reaches the age of 3 years.
Task No. 2.
The employee was temporarily disabled continuously from 01/01/2011 to 09/01/2011. He presented his sick leave certificate for payment on 02/01/2012. For what period should he be given benefits? Is there a period for which sick leave is not payable?
Answer:
In accordance with paragraph 1 of part 1 of article 5 of chapter 2 of the Federal Law "On compulsory social insurance in case of temporary disability and in connection with maternity" dated December 29, 2006 N 255-FZ (as amended on July 23, 2013), providing insured persons with temporary benefits disability is carried out in cases of loss of ability to work due to illness or injury.
According to Article 6 of Chapter 2 of the Federal Law “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity” dated December 29, 2006 N 255-FZ (as amended on July 23, 2013), temporary disability benefits for loss of ability to work due to illness or injury are paid to the insured person for the entire period of temporary disability until the day of restoration of working capacity (establishment of disability).
Consequently, the employee will receive benefits for the period from 01/01/2011 to 09/01/2011.
Task No. 3.
Kuzmina worked as a slinger at SMU and received a work injury in 2011. According to the conclusion of the ITU institution dated December 20, 2011, she was diagnosed with a loss of professional ability of 65%. The percentage of guilt of the enterprise is 70%, and Kuzmina’s is 30%. Average earnings on the day of loss of professional ability to work are 2,500 rubles. The date of establishment of professional working capacity is 01/09/2012. Determine the amount of monthly earnings?
Answer:
Kuzmina’s monthly earnings will be 1,625 rubles. 2500*65%. The maximum monthly payment currently cannot exceed 3,000 rubles. According to Article 16 of the Federal Law “On the budget of the Social Insurance Fund of the Russian Federation for 2002” dated 02/11/2002 N 17-FZ (as amended on 03/22/2007).
Task No. 4.
Andreeva, born in 1954, mother of 6 children, sought legal advice on the issue of the length of service required for her to retire. According to her, from 1970 to 1974 she was a member of the collective farm. In 1974, she came to Leningrad where she studied for 3 years at a vocational school and at the same time worked as a nanny for employer F. Since 1978, she has been raising twin children born in 1978 and the subsequent children born in 1981, 1982, 1986, 1990. From August 27, 1993 to June 30, 1997, she worked as a sister-hostess in a preschool institution. Give Andreeva a comprehensive consultation, if she has any documents - a work book with a record of working as a housewife and a certificate of secondary specialized education.
Answer:
Periods of work on a collective farm can be confirmed by various documents: the collective farmer’s work book, certificates issued on the basis of information about the accounting of time worked in workdays, etc.
Work on a collective farm as a member of a collective farm, in the absence of a collective farmer’s work book, can be confirmed by a certificate from the village council, issued on the basis of household books. But such certificates are accepted to confirm work experience for the period of work only until 1965.
According to Article 89 of the Law of the Russian Federation "On State Pensions in the Russian Federation" dated November 20, 1990 N 340-1, the total length of service includes any work as a worker, employee (including hired work before the establishment of Soviet power and abroad), member collective farm or other cooperative organization; other work in which the employee, not being a worker or employee, was subject to state social insurance; work (service) in paramilitary security, in special communications agencies or in a mine rescue unit, regardless of its nature; individual labor activity, including in agriculture.
Therefore, Andreeva’s period of work from 1970 to 1974 (4 years) is counted as work experience.
According to Article 91 of the Law of the Russian Federation "On State Pensions in the Russian Federation" dated November 20, 1990 N 340-1, preparation for professional activity - training in colleges, schools and courses for personnel training, advanced training and retraining, in secondary special and higher education institutions, stay in graduate school, doctoral studies, clinical residency is included in the total work experience on an equal basis with work. Consequently, the period of study from 1974 to 1977 (3 years) is counted towards the total length of service.
According to paragraph “c” of Article 92 of the Law of the Russian Federation “On State Pensions in the Russian Federation” dated November 20, 1990 N 340-1, the total length of service includes, along with work, the care of a non-working mother for each child under the age of three years and 70 days before his birth , but not more than 9 years in total. Therefore, the periods from 1978 to 1985, from 1986 to 1989 and from 1990 to 1993, calculated at the rate of three years of care for each child, are converted into a total of 9 years of experience.
According to supporting documents (work book) with a record of work as a housewife in the period from August 27, 1993 to June 30, 1997, 3 years 10 months are also included in the length of service.
Taking into account all of the above, Andreeva’s total work experience is 19 years 10 months, for which she needs to provide the following documents to the relevant authority: a certificate of work on a collective farm (collective farmer’s work book), a diploma (certificate) of completion of a vocational school, birth certificates of her children, work book.
Task No. 5.
Disabled group III (I degree) Ivanov G.R., 52 years old, on February 3, 2002, applied for a pension, presenting documents on his experience, according to which, after a year of work, he was drafted into the ranks of the Soviet army, where he served for three years, after demobilization, he worked at Research Institute No. 36 for 25 years and was fired due to staff reduction, did not work for a year, but received unemployment benefits, and then before applying for a pension, he worked for 2 years and 5 months under a civil contract with the company Zvezda " In January 2002 he was recognized as disabled group III. The cause of disability is a domestic injury. In accordance with what regulatory act will G.R. Ivanov’s pension be assigned? How is its size determined if the ratio of the average monthly earnings of Ivanov G.R. for 2000 - 2001 to the average earnings in the country for the same period amounted to 1,213?
Answer:
According to Article 8 of the Federal Law “On Labor Pensions in the Russian Federation” dated December 17, 2001 N 173-FZ, the right to a labor disability pension is given to citizens recognized in the prescribed manner as disabled people of groups I, II or III. Therefore, Ivanov has the right to a disability pension.
According to Article 15 of the Federal Law "On Labor Pensions in the Russian Federation" dated December 17, 2001 N 173-FZ, the amount of the labor disability pension is established depending on the disability group and is determined and calculated using the formula:
P = PC / (T * K) + B
PC = PC 1 + SV + PC 2
PC 1 = (RP - 450) * T
T =192
RP = SK * ZR / ZP * SZP
ZR / ZP = 1.213
RP = 0.55 * 1.213 * 1671
RP = 2027.473
PC 1 = (2027.473 - 450) * 192
PC 1 = 302874,816 = 302874,8
SV = PC 1 * 10%
CB = 302874.8 * 0.1
NE =30287,48 = 30287,5
PC = 302874.8 + 30287.5
PC =333162,3
K =1,06666667 = 1,07
P = 333162.3 / (192 * 1.07) + 1281
P = 333162.3 / 205.44 + 1281
P = 1621.70123 + 1281
P =2902.70123 = 2902.7 rubles
Task No. 6.
After the death of the Noskovs as a result of an accident at the enterprise in March last year, the following people applied for a pension on April 2 of this year:
1. a 19-year-old son - disabled group 2 (2 degrees) due to a military injury received during conscription service, diagnosed 3 months ago;
2. twin daughters, 13 years old;
3. The sister of the deceased, 48 years old, works from home in order to be able to care for her nephews (her contract expires in May of this year).
Which of them will be granted a pension and for how long? Calculate the amount of the pension if Noskov was 48 years old at the time of his death, and his wife was 45 years old; the ratio of Noskov’s earnings to the average salary in the country is 1.8; the ratio of Noskova’s earnings to the average salary in the country is 1.2.
Answer:
According to Part 2 of Article 16 of the Federal Law "On Labor Pensions in the Russian Federation" dated December 17, 2001 N 173-FZ, the amount of the labor pension in the event of the loss of a breadwinner is determined and calculated using the formula:
P = PC husband/ (T * K husband) / KN husband+ PC wife/ (T * K wife) / KN wife+ B
PC husband = PC 1 + SV + PC 2
PC 1 = (RP - 450) * T
RP = 0.55 * 1.8 * 1671 = 1654.29 = 1654.3
PC 1 = (1654.3 - 450) * 192 = 1204.3 * 192 = 231225.6
SV = PC 1 * 10% = 231225.6 * 0.1 = 23122.56 = 23122.6
PC husband = 231225,6 + 23122,6 = 254348,2
PC wife = PC 1 + SV + PC 2
PC 1 = (RP - 450) * T
RP = 0.55 * 1.2 * 1671 = 1102.86 = 1102.9
PC 1 = (1102.9 - 450) * 192 = 652.9 * 192 = 126700.8
SV = PC 1 * 10% = 126700.8 * 0.1 = 12670.08 = 12670.1
PC wife = 126700,8 + 12670,1 = 139370,9
KN husband = KN wife = 3
P = 254348.2 / (192 * 1.07) / 3 + 139370.9 / (192 * 1.07) / 3 + 2562
P = 254348.2 / 205.44 / 3 + 139370.9 / 205.44 / 3 + 2562
P = 412.7 + 226.1 + 2562 = 3200.8 rubles
Taking into account the above and in accordance with Part 2 of Article 9 of the Federal Law “On Labor Pensions in the Russian Federation” dated December 17, 2001 N 173-FZ, the son and twin daughters will be assigned pensions in the event of the loss of a breadwinner until they reach 23 years of age in an equal amount (3200, 8 rubles) each.
WITHlist of used literature
1. Constitution of the Russian Federation (Adopted by popular vote on December 12, 1993) // "Rossiyskaya Gazeta", No. 237, 12/25/1993.
2. Labor Code of the Russian Federation" dated December 30, 2001 N 197-FZ // "Rossiyskaya Gazeta", N 256, December 31, 2001.
3. Federal Law of the Russian Federation “On the State Civil Service of the Russian Federation” dated July 27, 2004 N 79-FZ // “Rossiyskaya Gazeta”, N 162, 07/31/2004.
4. Federal Law of the Russian Federation “On state pension provision in the Russian Federation” dated December 15, 2001 N 166-FZ // “Collection of Legislation of the Russian Federation”, December 17, 2001, N 51, Art. 4831.
5. Federal Law of the Russian Federation “On Labor Pensions in the Russian Federation” dated December 17, 2001 N 173-FZ // “Rossiyskaya Gazeta”, N 247, 12/20/2001.
6. Federal Law of the Russian Federation “On burial and funeral business” dated 01/12/1996 N 8-FZ // “Collection of Legislation of the Russian Federation”, 01/15/1996, N 3, Art. 146.
7. Law of the Russian Federation “On Employment of the Population in the Russian Federation” dated 04/19/1991 N 1032-1 // “Collection of Legislation of the Russian Federation”, N 17, 04/22/1996, Art. 1915.
8. Home legal encyclopedia. Textbook / ed. E. G. Azarova, A. Z. Vaksyan, I. I. Shcherbakova. One-volume edition. M.: Olimp; M.: AST, 1997.
9. Social security law. Textbook / ed. M. O. Buyanova, K. N. Gusova. 3rd ed. Reworked and additional M.: TK Welby, Prospekt Publishing House, 2007.
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Welcome to website. In the article we will tell you what a social pension is, what it is like, how it is assigned and much more. In youth, not every person begins to think about how he will live in old age. If there is a good job with continuous work experience and constant transfers are made to the Pension Fund, then the pension will be good and old age will be relatively comfortable.
But it is worth knowing that even if a person does not have a job or experience, he will still receive financial support from the state. This support is paid in the form of a social pension, and it is considered the most effective support for the population.
Social security is a certain set of government support measures that are aimed at providing disabled and low-income citizens with financial assistance. These categories include citizens who do not have the necessary funds for subsistence due to circumstances that are beyond their control.
The main purpose of such assistance is to support a specific person in a difficult life situation.
This support is divided into social payments, payment entities, payment authorities, etc. The main type of such assistance is the social pension in Russia.
A pension is a payment that is made each month to replace a person's earnings or other income, as well as to provide finances for subsistence. According to pension laws in the country, these payments are divided into two main types:
These types differ in the source that makes payments. That is, state pension provision is provided from funds allocated in the federal budget. And the labor pension is paid based on contributions made by employers.
In other words, a state pension is entitled to those citizens who have not received the right to receive an insurance pension for any reason. For example, this may be a lack of work experience.
There are many reasons why a person was unable to gain the required work experience. This can happen due to injury and disability, but even in such a situation, anyone has every right to receive government support. At the moment, orphans, disabled people and elderly people belong to an unprotected category and require special attention from the state. It was for them that social pensions were created, that is, financial support from the state, which is aimed at helping disabled citizens who were unable to achieve the required work experience.
When a person works, in addition to all the payments that he will be entitled to in old age, he will be entitled to payments from the pension fund paid by his employer. That is, a labor pension differs from social support in that labor payments are financed not only from the state budget, but also from the Pension Fund.
A similar system is present in the insurance pension; it is also based on transfers to the Pension Fund, but in this case the length of work experience also plays an important role. That is, the difference between an insurance pension and a social pension is directly related to the duration of a person’s work and contributions to the Pension Fund. If such contributions have been made over a long period of time, then the result should be good pension contributions.
At the moment, at the legislative level there are three main types of social pensions, these include:
All the main provisions concerning these payments are stipulated in the federal law on social pensions. It says who is entitled to a social pension and how much is given.
Also, the law specifies the time during which payments will be made. That is, if a pension is assigned to a child for the loss of a breadwinner, then it will be paid until he reaches the age of majority; if the child is a full-time student at a higher educational institution, then the payment will be made until he reaches 23 years of age. There are a number of cases where the payment is made throughout life.
Who receives a social pension is also specified in federal law. It can only be assigned to citizens of the Russian Federation and other states, as well as stateless persons, but only if they permanently reside in the territory of our country. If a person lives in the country temporarily, then he is not entitled to a social pension.
To receive this type of payment, a person must belong to one of the groups of disabled citizens, that is, to:
At the legislative level, categories of citizens are established who have the right to receive two payments simultaneously, and one of the payments is a social pension. This category includes parents and widows of men who served in conscription and died during this service or the cause of death was an injury received during the service.
In addition, disabled family members who suffered from radiation sickness or became disabled after the accident at the nuclear power plant in Chernobyl can receive simultaneously a social pension and another type of pension.
The social old-age pension represents the main income, which becomes the only financial protection in a person's old age. But only those who have permanent residence in our country, do not receive a labor pension, and are a disabled citizen can receive such a pension. A person must reach the required age to receive this payment:
In accordance with Federal Law No. 166, Article 11, citizens can start receiving this pension before the specified age only if they have the official status of small peoples of the North, then the retirement age is:
These citizens must live in the territory where their ancestors settled, as well as maintain their culture and traditions and represent one independent society. The official list of these peoples is approved at the legislative level and is located in the regions in which they are located.
As a result, this type of pension can only be received by citizens who have reached the established age, and it is not paid if the pensioner continues to work.
If disabled citizens have lost their breadwinner, then accordingly they are entitled to a social pension for the loss of their breadwinner. Citizens who have the right to it are prescribed in Federal Law No. 166, Article 11, paragraph 3. At the moment, the following have the right to receive it:
To receive this payment, these categories must confirm that the deceased person’s income was the only one in the family. At the moment, a person who lived separately but received financial assistance from this breadwinner can apply for it.
If the child is adopted, he also has every right to receive it. If the child’s parents are missing, then they must present a death certificate and a court decision on the basis of which this pension will be assigned.
The main requirement for receiving such a payment is that the deceased has no work experience, and relatives must have the right to apply for and receive this pension.
It is worth remembering that if a relative committed a criminal act against the breadwinner, after which he died, then he has no right to receive such a pension. The pension stops being paid if a relative begins working.
In order for a social disability pension to be assigned, it is necessary to have important grounds for its assignment, these include:
The recognition of a person as disabled, as well as the degree of disability and its cause, is established by a special ITU commission, and the procedure for the appointment is approved at the legislative level by the Government of the country.
As a result, the assignment of this pension can be made either for a certain period or without defining a period. Disability must be confirmed at all times. After the pension payment period has been terminated, it is necessary to go through the procedure for confirming disability and extending pension payments, and go through the re-certification procedure at ITU.
The disabled person himself or his legal representative can apply for this pension.
The assignment of a social pension is made subject to certain conditions, the main one of which is the person’s lack of right to apply for other types of pensions. You also need to meet all the necessary requirements.
The list of those who have the right to it is established by law; it includes pensioners who have no work experience and other categories that belong to low-income citizens.
This type of financial support is of great importance, as it becomes the person’s only source of income.
When a social pension is assigned in 2019, the amount is set at a fixed amount. It depends entirely on the cost of living and does not depend on the labor pension. These pensions are indexed every year on April 1, indexation occurs in accordance with the level of past inflation.
An increase in the size of this pension does not occur due to the presence of dependents or due to limited ability to work. But those citizens who live in territories where a regional coefficient is provided, which is influenced by climatic conditions or the coefficient of the Far North, can claim a larger amount for the entire period of residence in this area. But if there is a change of residence, the pension will be recalculated in accordance with the law of the new region.
Social pensions in 2019 and their indexation for disabled people and other categories of recipients are regulated by Federal Law No. 166. In accordance with it, the recipients of these pensions are:
To assign this payment, a person must not have insurance coverage. It is prescribed to pensioners who have stopped working.
Article 25 of this law prescribes the procedure for indexing these pensions. Indexation is carried out only in accordance with the increase in the cost of living in the region. But how much the increase will take place and by what coefficient is determined only by the Government. Indexation is carried out from April 1 of each year.
The final decision was to increase payments in 2018 by 4.1%. As a result, the basic size of the social pension in 2018 increased from 5034.25 rubles to 5240.65 rubles.
In 2019, the size of the social pension is planned to be indexed by 2.4%.
As a result, the average annual social pension should be 9,215 rubles. This will amount to 104.2% of the pensioner’s subsistence level.
The average social pension in the country is set at 9,103 rubles, and for disabled children 13,699 rubles.
Citizens who receive an additional payment for dependents will also receive an increase, and it will be:
At the moment, the state has set a goal that the social pension should not be less than the subsistence level in a particular region of Russia. To avoid this, a law on additional pension supplements was adopted. These allowances make it possible to raise the size of the social pension for old age and other categories to the minimum subsistence level. There are two types of this surcharge:
To make such an additional payment, the pensioner needs to fill out the necessary column in the application for a pension payment.
The minimum amount of old-age social pension, which was assigned from the moment the payment of the disability pension ceases, cannot be paid in a smaller amount than the labor disability pension.
In order for a social pension to be assigned, you need to come to the Pension Fund or MFC. It is worth knowing that MFC employees are only engaged in accepting documents; appointments are made by the Pension Fund. If a person needs to apply for a pension in a short time, then he must contact the Pension Fund directly. In the Pension Fund you can find out how much the social pension is now.
If a person independently applies for a pension, then he needs to come to the Pension Fund at his place of registration. If a legal representative is involved in submitting documents, the application will be submitted at the place of registration of the representative.
The pension will not be paid if the pensioner has decided to move for permanent residence to another country or has two types of permanent residence, one of which is directly in another state.
After a person has received the right to receive a social pension, he is required to bring a certain package of documents. The list of documents depends entirely on what type of pension is assigned.
But for each type it is necessary to write an application and provide a passport of the future recipient or his representative. Only after this are documents brought that give the right to assign and receive this type of pension.
To assign an old-age pension, if a person belongs to the small peoples of the North, a document is required that will confirm this fact. This document can be a birth certificate, in which the “Nationality” field will be filled in.
To assign a disability pension payment, you must bring a certificate issued by ITU. Most often, ITU specialists send an extract from the examination document to the Pension Fund themselves, and hand over the certificate to the recipient.
When assigning a survivor's pension, the following package of documents is required:
There are a number of cases in which additional documents are required:
At the moment, pension fund employees can accept an application without the specified documents and provide the recipient with 3 months to provide the necessary package of documents.
If the documents were brought before the expiration of 3 months, then the date of assignment of payment will be considered the date of writing the application, but not earlier than the date on which the recipient received the right to it. During the same period, the recipient can clarify how much the social pension will be.
All social pensions begin to be paid from the 1st day of the month in which the application was accepted, but not earlier than the date in which the recipient became entitled to it.
The recipient chooses the delivery of the pension independently; it can be delivered by mail, to your home, received at a bank or with the help of special organizations.
The legal representative has every right to receive a pension for the recipient, but this must be notified to the Pension Authorities in advance through a written application from the recipient.
When applying for a pension, a person can find out all the questions that interest him, including such as increasing the social pension in 2019 for people with disabilities. That's all. We hope the article helped you understand what the social pension is in Russia in 2019.
In Russia there are several types of pension.
1. Old-age labor pension- paid to citizens with at least 5 years of work experience when they reach retirement age (55 years for women, 60 years for men).
2. Long service pension- appointed to civil servants and military personnel upon reaching a certain age and length of service.
According to Article 13 of the Law of the Russian Federation of February 12, 1993 No. 4468-1, the following persons have the right to a long-service pension:
Those who, on the day of dismissal from service, have had 20 years or more of service in military service, service in internal affairs bodies, or in service in institutions and bodies of the penitentiary system in preferential terms (clause a).
Those dismissed from service upon reaching the age limit for being in service, for health reasons or in connection with organizational and staffing events and who have reached the age of 45 on the day of dismissal, having a total work experience of 25 calendar years or more, of which at least 12 years six months is military service, service in internal affairs bodies, service in institutions and bodies of the penal system (p.b).
The long service pension is set in the following amounts:
Those who have 20 years or more of service with benefits - for 20 years of service - 50% of the corresponding amounts of pay, for each year of service over 20 years - 3 percent, but not more than 85%.
Those who have a total work experience of 25 calendar years or more - for 25 calendar years 50% of the corresponding amounts of salary, for each year of service over 25 years - 1 percent of the specified amounts of salary. Study is not included in the total length of service.
3. Disability pension- paid if the citizen is registered as disabled. A disability pension can be:
labor (if you have work experience);
pension under state pension provision (assigned to: military personnel, participants of the Great Patriotic War, residents of besieged Leningrad, persons affected by radiation disasters);
social (in the absence of work experience, or if disability occurred as a result of committing a criminal offense or intentionally causing damage to one’s health).
The disability pension is set in the following amounts:
Disabled people due to military trauma, groups 1 and 2 - 85%, groups 3 - 50%;
For disabled persons due to illness received during military service, groups 1 and 2 - 75%, group 3 - 30% of the corresponding amounts of monetary allowance provided for in Article 43 of this Law.
4. Survivor's pension. The right to such a pension is available to disabled family members of the deceased breadwinner who were dependent on him, as well as non-working family members of the deceased breadwinner who are caring for his young children. Types of survivor's pension:
labor pension (for family members of a deceased breadwinner insured in accordance with compulsory pension insurance);
pension under state pension provision (in the event of the loss of a breadwinner, a military serviceman, or a breadwinner who suffered from man-made or radiation disasters);
social pension (for other categories of citizens who have lost their breadwinner).
5. Social pension- paid to disabled citizens who are not entitled to another type of pension, including:
disabled people who do not have work experience (disabled children, disabled children), as well as if the disability occurred as a result of committing a criminal act or intentionally causing damage to one’s health;
family members of the deceased breadwinner who are not entitled to other types of pensions in the event of the loss of a breadwinner;
citizens who have reached retirement age and do not have 5 years of work experience.
Most citizens can receive only one type of pension. In this case, it is recommended to apply for the pension whose payments are higher. A limited circle of people in need of increased social protection are given the right to receive two pensions. Among them are WWII participants, parents and spouses of deceased military personnel, disabled family members of citizens who participated in the liquidation of the Chernobyl accident, etc.