Federal law 400 fz guarantor. The latest version of the law "On insurance pensions

400-FZ of December 28, 2013 was adopted in pursuance of the Constitution and in accordance with the Law of December 15, 2001 No. 167. The purpose of the regulatory act is to provide citizens with guarantees in obtaining Money due to the end labor activity. Let us consider further some provisions of the Law "About insurance pensions".

general characteristics

The normative act under consideration determines first of all. At the same time, the importance of labor activity or other socially useful occupation of people in a state with a socially oriented economic model is taken into account. In accordance with the document, a material basis is being formed for the financial provision of citizens of specific categories to meet their key vital needs. On the basis of this normative act, the subsidiary responsibility of the state is implemented.

Categories of citizens

Persons eligible for an insurance pension are listed in Art. 4 commented act. The relevant legal options are:

Special cases

The legislation provides for the right to early appointment of an insurance pension. According to the normative act under consideration, it can be used by citizens whose individual coefficient is not less than 30 and who worked in special labor or climatic conditions. The corresponding provisions establish articles 30-32.

Payout selection

Russian legislation establishes different ones. If the status of a citizen provides for the simultaneous receipt of several payments, then the subject must choose one of them. For some persons, however, an exception may be made. Relevant cases are established in Law no. 167. According to the normative act, simultaneous receipt of the state security payment and the insurance pension is allowed. The calculation and provision of the latter are carried out regardless of the accumulative amount. A citizen can apply for an insurance payment at any time from the moment the corresponding right arises.

Classification

The Act in question defines such as:

By old age.
By disability.
due to the loss of a breadwinner.

For each type, general and special rules receipt.

Financial support

It is established in accordance with Law No. 167. The norms define the procedure for financing the payment of insurance pensions, fixed amounts to them and their increases. In the event that Federal Law 400 is amended, entailing an increase in the cost of monetary support, corrective provisions must be adopted for budget legislation for the current and future periods. In addition, the Law on Financing the PFR is subject to addition.

old age benefits

Law " About insurance pensions"establishes the requirements that citizens must meet in order to receive the appropriate amounts. The main requirements are:

Reaching the established age. For men, it is 60, for women - 55 years.
Availability insurance experience, for at least 15 years.
The value of the individual coefficient must be at least 30.

Disability benefits

Federal Law 400 establishes that citizens with 1, 2 gr. The recognition of the subject as a disabled person, the establishment of the appropriate group is carried out by the federal institutions of the ITU. The rules for conducting an examination are established in Law No. 181. The insurance payment is assigned regardless of the cause of disability, length of service. It does not matter whether the citizen continues to work or performs other socially useful work. It also does not take into account the time of the onset of disability (during work, after its termination or before entering the enterprise). If the subject has no insurance period at all, he is assigned a social benefit according to the rules provided for in Law No. 166.

Survivor benefits

The disabled relatives of the deceased insured person have the right to receive a pension if they were dependent on him. An exception from this category is made by subjects who have committed a crime that caused the death of the specified citizen and established in the criminal proceedings. One of the spouses, parents or other family member may receive the payment, regardless of whether they were dependent on the deceased or not. In some cases, the breadwinner in the family is recognized as missing. If there is an appropriate court decision, his relatives are equated with relatives of the deceased citizen.

Disabled categories

Paragraph 2, Article 10 of the Federal Law 400 defines citizens who have the opportunity to receive payments due to the loss of a breadwinner. These include the disabled:

Nuances

Relatives of the deceased will be considered dependents if they received assistance that acted as a permanent and main source of income, or were fully supported by the deceased. A special provision in Federal Law 400 is provided for children. They are considered dependents by default unless declared fully legally capable or under the age of 18. A disabled spouse or parents who were not dependents can count on receiving a payment if, regardless of the time that has passed since the death of the insured person, they have lost their main and permanent source of livelihood.

Additionally

The insurance payment due to the loss of the breadwinner-spouse upon entering into a new officially registered marriage is preserved. Adoptive parents and adopted children can also count on the allowance on an equal basis with parents and natural children. The stepmother and stepfather are entitled to a pension in the same way as the natural mother and father, if they supported and raised the deceased child for at least five years. Payment to a family that has lost a breadwinner is provided regardless of the length of service of the deceased, the time and cause of death. The exception is the cases defined in article 11 of the Federal Law 400. In accordance with it, in the absence of experience of the deceased or when disabled relatives commit a criminal act that led to his death, social benefits are accrued according to the rules of Law No. 166.

1. Persons who have reached the age of 80 or who are disabled of Group I are set to increase the fixed payment to the old-age insurance pension in an amount equal to 100 percent of the amount provided for by Part 1 of Article 16 of this Federal Law.

2. Persons who are invalids of group I are provided with an increase in the fixed payment to the disability insurance pension in an amount equal to 100 percent of the amount provided for by Part 1 of Article 16 of this Federal Law.

3. For persons who are dependent on disabled family members specified in paragraphs 1, 3 and 4 of part 2 of Article 10 of this Federal Law, the increase in the fixed payment to the old-age insurance pension and to the disability insurance pension is established in an amount equal to one third of the amount provided for by Part 1 of Article 16 of this Federal Law, for each disabled family member, but not more than three disabled family members.

4. For persons who have worked for at least 15 calendar years in the regions of the Far North and have an insurance record of at least 25 years for men or at least 20 years for women, an increase in the fixed payment to the old-age insurance pension and to the disability insurance pension is established in the amount equal to 50 percent of the amount of the established fixed payment to the corresponding insurance pension provided for by Parts 1 and 2 of Article 16 of this Federal Law. For the specified persons who have reached the age of 80 or are disabled of group I and (or) who are dependent on disabled family members specified in clauses 1, 3 and 4 of part 2 of Article 10 of this Federal Law, an increase in the fixed payment provided for in parts 1 - 3 of this items are additionally increased by an amount equal to 50 percent of the amount of the corresponding increase in the fixed payment.

5. Persons who have worked for at least 20 calendar years in areas equated to the regions of the Far North, and have an insurance record of at least 25 years for men or at least 20 years for women, are set to increase the fixed payment to the old-age insurance pension and to the insurance pension for disability in an amount equal to 30 percent of the amount of the established fixed payment to the corresponding insurance pension provided for by Parts 1 and 2 of Article 16 of this Federal Law. For the specified persons who have reached the age of 80 or are disabled of group I and (or) who are dependent on disabled family members specified in clauses 1, 3 and 4 of part 2 of Article 10 of this Federal Law, an increase in the fixed payment provided for in parts 1 - 3 of this items are additionally increased by an amount equal to 30 percent of the amount of the corresponding increase in the fixed payment.

6. Persons who worked both in the regions of the Far North and in areas equivalent to them, when determining the number of calendar years of work in the regions of the Far North in order to establish an increase in the fixed payment to the old-age insurance pension and to the disability insurance pension each calendar year of work in areas equated to the regions of the Far North, it is considered for nine months of work in the regions of the Far North.

7. When establishing an increase in the fixed payment to the insurance pension, provided for in parts 4 and 5 of this article, the list of regions of the Far North and areas equivalent to them, valid on the date of establishing the corresponding increase in the fixed payment to the insurance pension, is applied.

8. For children specified in Clause 1 of Part 2 of Article 10 of this Federal Law who have lost both parents, or children of a deceased single mother, an increase in the fixed payment to the insurance pension in case of loss of a breadwinner is established in an amount equal to 100 percent of the amount provided for in Part 2 of Article 16 of this Federal law.

9. For persons residing in the regions of the Far North and areas equivalent to them, the increase in the fixed payment to the insurance pension provided for in parts 1 and 2 of Article 16 of this Federal Law and part 8 of this article is established in an amount equal to the increase in the fixed payment to the insurance pension, increased by the corresponding regional coefficient established by the Government Russian Federation depending on the area (locality) of residence, for the entire period of residence of these persons in these regions (locities). For the specified persons who have reached the age of 80 or are disabled of group I and (or) who are dependent on disabled family members specified in clauses 1, 3 and 4 of part 2 of Article 10 of this Federal Law, an increase in the fixed payment provided for in parts 1 - 3 of this Articles are additionally increased by the corresponding regional coefficient established by the Government of the Russian Federation depending on the region (locality) of residence, for the entire period of residence of these persons in these regions (locities).

10. When citizens move to a new place of residence in other regions of the Far North and areas equated to them, in which other regional coefficients are established, an increase in the fixed payment to the insurance pension is established taking into account the size of the regional coefficient for the new place of residence. When citizens leave the regions of the Far North and equated areas to a new place of residence, a fixed payment to the insurance pension and an increase in the fixed payment to the insurance pension are established in accordance with Parts 1 and 2 of Article 16 of this Federal Law and Parts 1 - 3, 8 and 14 of this article.

11. The procedure for establishing and paying an increase in the fixed payment to the insurance pension, provided for in parts 9, 10, 14 and 15 of this article, is determined by the Government of the Russian Federation.

12. The increase in the fixed payment to the insurance pension, provided for in parts 4 and 5 of this article, is established regardless of the place of residence of the insured person.

13. Persons entitled to increase the fixed payment to the insurance pension by the appropriate regional coefficient in accordance with paragraph 9 of this article and at the same time to increase the fixed payment to the insurance pension in accordance with paragraph 4 or 5 of this article, one increase in the fixed payment of their choice is established the insured person.

14. Persons who have worked for at least 30 calendar years in agriculture, who do not carry out work and (or) other activities during which they are subject to mandatory pension insurance in accordance with the "On Compulsory Pension Insurance in the Russian Federation", are set to increase the fixed payment to old-age insurance pension and disability insurance pension in the amount of 25 percent of the amount of the established fixed payment to the corresponding insurance pension provided for by Parts 1 and 2 of Article 16 of this Federal Law, for the entire period of their residence in rural areas.

15. When the citizens specified in part 14 of this article leave for a new place of residence outside the countryside, the increase in the fixed payment to the old-age insurance pension and to the disability insurance pension provided for by part 14 of this article is not established.

16. Lists of relevant jobs, industries, professions, positions, specialties, in accordance with which an increase in the amount of a fixed payment to an old-age insurance pension and an insurance disability pension is established in accordance with Part 14 of this Article, the rules for calculating the periods of the relevant work (activity) are approved Government of the Russian Federation.

2. The length of service does not include periods taken into account when establishing a pension in accordance with the legislation of a foreign state.

5. When calculating the length of service required for acquiring the right to an old-age insurance pension by cosmonaut citizens receiving a seniority pension or a disability pension in accordance with Federal Law No. 166-FZ of December 15, 2001 "On State pension provision in the Russian Federation", the length of service does not include periods of work (service) and (or) other activities preceding the appointment of a disability pension, or periods of work (service) and other activities taken into account when determining the amount of the pension for long service in accordance with the specified Federal law, unless otherwise provided by an international treaty of the Russian Federation.

6. When calculating the insurance period, periods of work during the full navigational period on water transport and during the full season in organizations of seasonal industries determined by the Government of the Russian Federation are taken into account in such a way that the duration of the insurance period in the corresponding calendar year is a full year.

7. Persons who performed work in the corresponding calendar year under copyright contracts, as well as authors of works who received payments and other remuneration in the corresponding calendar year under agreements on the alienation of the exclusive right to works of science, literature, art, publishing license agreements, license agreements on granting the right to use a work of science, literature, art, if the total amount of paid insurance premiums to the Pension Fund of the Russian Federation from payments and other remunerations received under these agreements during this calendar year amounted to at least a fixed amount of the insurance premium for compulsory pension insurance, determined by in accordance with the legislation of the Russian Federation on taxes and fees, the insurance period includes a period equal to a full calendar year (from January 1 to December 31), in which insurance premiums were paid to the Pension Fund of the Russian Federation from payments and other remuneration under these agreements. If the total amount of insurance premiums paid during the calendar year for the said persons is less than the fixed amount of the insurance premium for compulsory pension insurance, the length of service includes a period (in months) with a duration calculated in proportion to the paid insurance premiums, but not less than one calendar month(30 days). The period counted in the insurance period in connection with the payment of insurance premiums to the Pension Fund of the Russian Federation from payments and other remuneration under these contracts, if there are periods of work and (or) other activities, other periods in the corresponding calendar year, is taken into account in such a way that the insurance period for the corresponding calendar year did not exceed one year (12 months).

8. When calculating the length of service in order to determine the right to an insurance pension, the periods of work and (or) other activities that took place before the date of entry into force of this Federal Law and were counted in the length of service when assigning a pension in accordance with the legislation in force during the period of implementation works (activities) may be included in the specified length of service using the rules for calculating the relevant length of service provided for by the said legislation (including taking into account the preferential procedure for calculating the length of service), at the choice of the insured person.

9. When calculating the insurance period of the persons specified in Part 1.2 of Article 8 of this Federal Law, in order to determine their right to an old-age insurance pension, the periods of work and (or) other activities provided for by Part 1 of Article 11 of this Federal Law are included (counted) in the insurance period. of the Federal Law, as well as the periods provided for by Clause 2 of Part 1 of Article 12 of this Federal Law. In this case, the indicated periods are included (counted) without applying the provisions of part 8 of this article.

Judicial practice under article 13 of the Federal Law of December 28, 2013 No. 400-FZ

Decision No. 2-1857/2019 2-1857/2019~M-1065/2019 M-1065/2019 dated August 30, 2019 in case No. 2-1857/2019

Bor city court (Nizhny Novgorod region) - Civil and administrative

Ages 60 and 55 (men and women, respectively) (Part 1.2, Article 8 of Federal Law No. 400-FZ). The procedure for calculating the insurance period is established by Article 13 of Federal Law N 400-FZ, according to part 8 of which it is established that when calculating the insurance period in order to determine the right to an insurance pension, periods of work and (or) other ...

Decision No. 2-1874/2019 2-1874/2019~M-1776/2019 M-1776/2019 dated August 29, 2019 in case No. 2-1874/2019

Salavat City Court (Republic of Bashkortostan) - Civil and administrative

Books VT-I No. 3442240 of December 31, 2015, certificates of April 26, 2017 No. 345, April 20, 2017 No. 1175, archival certificate of March 13, 2017 No. H-14, certificate of April 24, 2017 No. 297, archival certificate of February 11, 2017 No. 11-02-17, certificates of April 12, 2017 ...

Decision No. 2-2295/2019 2-2295/2019~M-1633/2019 M-1633/2019 dated August 27, 2019 in case No. 2-2295/2019

Bratsk city court (Irkutsk region) - Civil and administrative

Article 4 of this Federal Law, provided that for these periods insurance premiums were accrued and paid to the Pension Fund of the Russian Federation. According to part 8 of Art. 13 of the Federal Law of December 28, 2013 N 400-FZ (as amended on June 27, 2018 No. 8), when calculating the length of service in order to determine the right to an insurance pension ...

Decision No. 2-2588/2019 2-2588/2019~M-2050/2019 M-2050/2019 dated August 26, 2019 in case No. 2-2588/2019

Pervomaisky district court Murmansk (Murmansk region) - Civil and administrative

The conclusion is that the pension authority legitimately disputed periods accepted for offset in the insurance work experience of the plaintiff in calendar terms. In accordance with the provisions of Part 8 of Article 13 of Law No. 400-FZ, when calculating the insurance period in order to determine the right to an insurance pension, periods of work and (or) other activities that took place before the day of entry into ...

Decision No. 2-910/2019 2-910/2019~M-808/2019 M-808/2019 dated August 19, 2019 in case No. 2-910/2019

Kondopoga city court (Republic of Karelia) - Civil and administrative

The offset of the period of military service in the length of service in the regions of the Far North and the recalculation of the fixed payment to the insurance pension, since the provisions of Part 8 of Art. 13 of Federal Law No. 400-FZ are applied only for the purpose of determining the right of a person to an insurance pension when it is assigned, but not for recalculating the amount of the assigned pension. After leaving service...

Decision No. 2-2273/2019 2-2273/2019~M-1733/2019 M-1733/2019 dated August 19, 2019 in case No. 2-2273/2019

Krasnooktyabrsky district court of Volgograd (Volgograd region) - Civil and administrative

And 1.1 Art. 8 of Law No. 400-FZ (taking into account Appendix 6 to the law), but not earlier than reaching the age of 55 years. According to part 9 of Art. 13 of Law No. 400-FZ to such persons, in order to determine the right to an old-age insurance pension, the periods of work and (or) other activities provided for in Part ...

Entered into force in 2015 400 FZ on insurance pensions, which replaced the old law on labor pensions. Consider the main provisions of this regulatory legal act, what innovations it brought to the Russians.

Federal Law No. 400 was adopted in 2013, and entered into force in 2015. Since then, a number of changes and additions have been made to its text. Latest changes adopted in 2018:

March 2018. The text of the law was supplemented by Article No. 29.1, which regulates the procedure for posting information regarding the accrual of insurance payments and periods of seniority. From now on, this information should be placed in an open online source - the Unified Social Security Information System.
Since 2019, rural workers who are directly employed in the production or processing of agricultural products, or in related industries, have acquired the right to early registration of an insurance pension.

In addition, other amendments were made to the text of the law, for the most part of a minor technical nature, and did not change the meaning of the provisions Federal Law No. 400.

Conditions for granting an insurance pension

Chapter No. 2 of the federal law spells out the conditions for the appointment of insurance pensions. There are three such reasons:

When an employee reaches retirement age.
Getting a disability.
Due to the loss of a breadwinner.

Let's take a closer look at each of these motives.

old age

Art. 8 of the Federal Law No. 400 on insurance pensions provides for the possibility of applying for the appointment of an insurance pension to each citizen who has reached the established one. Previously, he composed 60 years for male part of the workers, and 55 - for women. With the start of another pension reform, which was launched with the adoption of Federal Law No. 350, the pension threshold is envisaged to be gradually increased by 5 years by 2025.

For state and municipal officials, the retirement age was already raised in 2016, in accordance with Federal Law No. 143. This provision is reflected in subparagraph 1.1 of article No. 8 of the law on insurance pensions. By the end of the reform, civil servants will retire at 65 (men) and 63 (women).

Persons with an insurance record of 37 years (women) and 42 years (men) can apply for an early pension, provided they reach the age of 55 and 60 years. The pension for such categories of workers and employees is assigned 2 years earlier than the deadline established by Federal Law No. 350. An additional general condition for receiving an insurance pension for all other persons is the presence of a minimum service of 15 years, and 30 IPC points.

By disability

Art. No. 9 defines the right to an insurance pension for all citizens who have received any disability group. This right can be exercised provided that the person is a member of the CHI system and has a personal insurance account in pension fund. To assign a disability pension, you must have documentary evidence from the organization of medical and social expertise.

If a person who has received a disability has no insurance experience, he cannot count on receiving an insurance pension. In this situation, he is assigned only a social benefit in the amount established by a government decree.

On the occasion of the loss of a breadwinner

Federal Law No. 400 on insurance pensions also provides for the appointment of insurance payments to persons who have lost the only breadwinner in the family. The right to such a pension is acquired by all dependents who were in the care of a deceased citizen:

Retired parents, and in their absence, also grandmothers (grandfathers) of retirement age.
Parents, brothers and other relatives with disabilities.
Spouse (husband) in case of permanent disability.

Relatives of a deceased person are also entitled to receive a survivor's pension if they took care of his former dependents: minor children, brothers, sisters, grandchildren, etc. At the same time, brothers and relatives who are not children of the deceased are considered his dependents if they do not have able-bodied parents. Grandparents who are retired or disabled, in order to be considered dependents of the deceased citizen, must also not have other relatives who would take care of them.

Insurance experience

Federal Law No. 400 on insurance pensions introduced another innovation: it replaced the concept of "work experience" with "insurance". determines what is included. This is the period of official labor activity on the territory of the Russian Federation, during which contributions were made to the insurance fund under the OPS program. If a person worked abroad, then this time is counted in the length of service, if this is provided for by a special agreement, or upon payment of contributions to the FIU.

Also included in the total insurance experience:

Citizen transit time military service in the ranks of the AFRF, or other paramilitary formations - the Ministry of Internal Affairs, the Russian Guard, the FSB, etc.
Being on sick leave due to temporary disability.
Caring for children until they reach the age of one and a half years.
The time of involuntary unemployment, if the wife of an officer or contract soldier, while living in a remote garrison, could not find a job in her specialty.
Residence abroad of the spouses of Russian diplomats and consuls who do not have their own work at the diplomatic mission. The same applies to the spouses of employees of official representative offices of Russian state institutions - scientific, commercial, industrial.
The time during which a subsequently rehabilitated person was forced not to work due to erroneous prosecution.
Time spent caring for a disabled person with a 1st group, a disabled child, or an elderly person over 80 years of age.
Officially registered with the employment center as unemployed.

The amount of the insurance pension and fixed payment

With the adoption of Federal Law No. 400 on insurance pensions, their value began to depend entirely on the number of conditional pensions accumulated by a person over his life - IPC. Since that time, the main unit for calculating the size of the pension has become not the years devoted to labor activity, but the accumulated pension points. To receive an insurance pension, their minimum number per year must be at least one. Every year this value will gradually increase until it reaches 30 points by 2025.

The total value of the insurance pension today is made up of two values - the number of IPC and a fixed payment. If the number of points is individual for each employee, then fixed surcharges have a certain amount for each category of citizens. Thus, pension payments under the OPS system are calculated according to the following formula:

joint venture= (IPK x cost) + FP
joint venture- the desired value of the insurance pension.
IPK- total
Price– the conditional price of one point, which for today is equal to RUB 87.24
FP- the amount of fixed payments. Their size is RUB 5,334.19

It should be said that some social categories receive increased fixed payments. These include:

Disabled people.
Senior Citizens over the age of 80 years old.
Retirees and disabled people with dependents.
Persons permanently residing in the north, or having northern experience in their assets.

For such citizens, the amount of a fixed surcharge can increase significantly, and amount to up to 24 thousand rubles.

The right to early appointment of an insurance pension

Some categories of workers have the right to count on early registration of insurance pensions. They acquire such a right for various reasons, and, in accordance with federal law, beneficiaries include:

Citizens working in hazardous and hazardous to health enterprises. All such professions are divided into two lists, and persons who have worked in difficult conditions for a certain number of years ( 10 to 15), may retire 10 years earlier.
Teachers and doctors who have developed the required special experience - 30 years for urban residents, and 25 years for rural residents ..
Residents of the northern regions, and areas equivalent to those, can apply for a pension 5 years earlier.
Visually impaired, as well as people suffering from pathologies of growth (midgets and dwarfs).
Mothers of many children who raised more than 2 children.
Representatives of small peoples of the North, Siberia and the Far East. Legislation refers to such nationalities 39 nationalities.
Residents of rural areas engaged in the production of agricultural products.

Experience for persons working in the regions of the Far North

People working in the northern regions, and in areas equivalent to them, retire earlier than other citizens. This is due to the difficult climatic conditions in which the inhabitants of the north have to work.

Persons with 15 years of work experience in the northern regions, or 20 years for equivalent regions, retire 5 years earlier. At the same time, it does not matter where a person lives after the end of his labor activity: he can leave the northern region, but the right to early retirement if available, it is stored.

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

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This law considers the rights of citizens to the formation of an insurance pension, as well as the right to pay it at the onset of old age. This law was developed on the basis of the Constitution of the Russian Federation.

The purpose of Federal Law No. 400 is to ensure the protection of the rights of the population to receive guaranteed benefits upon reaching retirement age, based on the formation of budgetary funds through payments made by employers in terms of mandatory tax deductions.

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The legislation clearly stipulates who exactly is the insured person - this is a citizen who has the right, upon retirement, to receive compensation for the length of service worked.

Same way important point of this law is to comply with the conditions for receiving pensions for foreign citizens and stateless persons.

The Law "On insurance pensions" reveals the concept of an insurance pension. It consists of:

disability pensions;
old age pensions;
survivor's pensions.

Major changes

The most important changes came into force at the beginning of 2020, but they did not change the main essence.

Let's take a look at the things that have changed:

Article eight added an additional paragraph 1.1 at the end of 2020. This paragraph stipulates the receipt of an insurance pension by civil servants upon the onset of the retirement age prescribed in Appendix 5.
Article 12 was also amended, was supplemented by paragraph 1, which deals with the conditions for receiving a pension for persons who were rehabilitated after being brought to criminal responsibility and were unintentionally absent from the workplace, thereby interrupting their work experience.
Article 15 has been the most changed since January 2020:

Part 11 now states that the individual indicator is now calculated on the basis of the regulatory framework relating to taxes and fees;
Part 12 considers the annual coefficient of the citizen's insurance experience;
Part 15.1 speaks of the right to grant an old-age pension;
Part 18 refers to the change in the individual pension coefficient used in calculating the payment of pensions to current pensioners;
Section 24 regulates the amount of insurance coverage required for the payment of an old-age pension.

Article 21 specifies which bodies are responsible for the payment of the pension;
In article 30, the periods of working time have changed, which are counted in the total length of service.

Video: Pension system 2015

The text of Federal Law 400 on the payment of insurance pensions

Chapter 1 includes the following provisions:

Article one regulates the rights of citizens, based on the Constitution of the Russian Federation, to receive the payment of an insurance pension;
The second article deals with related laws that relate to pension payments from the state;
The third article contains the basic concepts that allow you to understand the text of this law.

— insurance pension- payment, made on a monthly basis, is assigned to citizens who are unable to carry out labor activities.

- Insurance experience - the total period of labor activity for the entire period of life;

- Establishment of an insurance pension - the procedure for assigning pension payments, or its recalculation based on a new settlement system;

— Fixed payment to the insurance pension - a standard supplement to the labor pension;

— Adjustment of the size of the insurance pension - a change in the amount of payment, taking into account changes in the adjustment coefficient;

- Payment case - documents submitted to the responsible authorities, on the basis of which accruals are made.

The fourth article includes a list of persons who are entitled to receive a pension from the state;
Article Five regulates the rights of citizens in terms of choosing the type of pension, as well as exactly how the calculations will take place;
Article six covers all possible options pensions for which citizens can claim;
The seventh article talks about the procedure for providing reserves for the formation of an insurance pension.

Chapter 2. A rather capacious section of the law, it defines the conditions under which a pension is granted, and at the same time it costs only three of their articles, which consider the following types of pensions:

Article eight - old age;
Article nine - on disability;
Article ten - on the loss of a breadwinner.

Chapter 3. In this chapter you can find all the information about the seniority:

To understand what period of labor activity is included in the length of service, you need to read article eleven, which explains this;
There are also periods that are not included in the description of article twelve, but they are also taken into account in the total length of service: time spent on sick leave, military service, etc.;
Article thirteen spells out the procedure that should be followed when calculating the length of service of an employee;
The fourteenth article discusses how it is necessary to confirm the length of service in the event of disputes.

Chapter 4. It can be found in the amount of pension payments in accordance with the latest amendments. This applies to both insurance and fixed pensions.

The fifteenth article provides calculation formulas for each available payment option, which are easy to use, since there is a detailed breakdown;
The sixteenth article regulates a fixed guaranteed payment of a pension, which changes its size annually, based on price indexation, which is regulated by the same article;
The seventeenth article refers to possible cases of increasing pensions with a combination of non-standard conditions: reaching the age of 80, working and living in the Far North, etc.
The eighteenth article discusses adjustments to ways to increase pension payments;
The nineteenth article determines the possible share of payments to people in the service of state structures;
Article 20 defines payments to the flight test staff of the country.

Chapter 5. In it you can find the answer to the question of how the old-age pension is established by law and how the delivery of funds to pensioners is carried out.

Article twenty-one specifies in some detail which authorities it is necessary to apply with an application, in what form it is possible to submit an application, what to do if the place of residence has changed, and also possible ways delivery of the payment to the recipient (insured person);
The twenty-second article establishes the deadlines for the assignment of pension payments, depending on the type of pension;
When a citizen applies for a pension recalculation, he can familiarize himself with the terms for making a decision in the twenty-third article of the current federal law;
The twenty-fourth article presents cases in which the accrual of pension payments may be suspended, and under what circumstances the authorized bodies are required to resume payment;
The twenty-sixth article sets out the deadlines for delivery pension payment;
The state took into account that some of our citizens are leaving for permanent residence in other countries, therefore the twenty-seventh article stipulates the procedure for paying these persons;
The twenty-eighth stipulates the informative aspect, that is, that a citizen must provide only reliable information when submitting documents;
In the twenty-ninth article, you can find a list of possible surcharges and deductions that are possible under this law.

Chapter 6. The chapter reveals the possibility of early retirement.

Article thirty lists working conditions and professions under which the onset of retirement age is reduced compared to standard norms. These include underground work, work in the agricultural sector, work in the subway, on the railway, etc.
The assignment of pensions to employees of the flight test personnel and the conditions for retirement are assigned to a separate article No. thirty-one;
The thirty-second article specifies the conditions for early retirement of persons who may have this right, not related to professional activity, but for a completely different reason;
The thirty-third article stipulates the points of paying pensions and calculating the length of service to employees of the Far North, as well as territories that can be equated to these working conditions.
In some cases, the documents of the payment case may provide the right to additional payments to citizens. This point is recorded in article thirty-four.

Chapter 7. Is the conclusion to this legislative act.

The Federal Law “On Insurance Pensions” contains appendices that provide clarifications to some articles:

Recalculation factor in case of loss of a breadwinner;
Coefficient at which there is an increase in the fixed pension payment of the old-age pension;
The duration of labor activity, which goes into the calculation of the length of service;
The maximum value of the individual coefficient for calculating the pension;
Age limits for retirement of employees of state and municipal bodies.