Most people turn to the study of pension law shortly before reaching retirement age or after the occurrence of an event that gives the right to a pension (disability, loss of a breadwinner). However, this approach cannot be called correct. The pension reform in Russia has led to the fact that the right to a pension is closely related to the length of service for the appointment of a pension, the amount of official income and some other indicators.
The site contains articles on the main types of pensions in the Russian Federation and the conditions for their appointment, the procedure for applying for a pension and making payments. Referring to the posted information will help you competently build your professional activities in order to receive a decent pension, as well as help your loved ones to fully realize the rights granted by pension legislation (for example, to a minimum pension, etc.).
Implementation of the right to a pension in the pension legislation of the Russian Federation
Pension legislation includes several federal laws (on insurance pensions, on state pension provision, on pension provision for persons who have served in the military, etc.), decrees of the Government of the Russian Federation and departmental regulations. The site contains up-to-date information that will help you understand the basics of regulatory regulation of the procedure for assigning pensions. In addition, the visitor can always contact a lawyer with a question in a special section and get the information he is interested in.
The conditions for assigning pensions and legislative regulation differ depending on the type of pension. At the same time, the pensioner himself, when exercising the right to a pension, must have initiative. For example, apply for a recalculation of a pension upwards, determine the procedure for paying and delivering a pension, exercise the right to a preferential pension, and, if necessary, protect it by filing a claim for a pension.
Reform of pension legislation in the Russian Federation
Modern pension legislation encourages citizens to work officially, to receive high wages so that contributions to the funds are also sufficiently high. Depending on the economic situation, the state solves the issues of indexing pensions, making payments to working pensioners, etc. in different ways. You can track changes in pension legislation yourself, or refer to the information you are interested in on the website.
October 3, 2018 Vladimir Putin signed on raising 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 for men and from 55 to 60 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 the 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 on raising the retirement age, which has already been signed by the President and officially published, can be found below. The main provisions of the new reform come into force on January 1, 2019.
It is worth noting that the consideration of the bill caused a lively debate among the deputies of the State Duma, however, in all readings, the document was adopted by majority vote(first of all, thanks to the support of the United Russia faction, which has a parliamentary majority).
Changes in pension legislation since 2019
The new law on pensions from 2019 contains adjustments to the retirement age for future recipients of the following types of pensions:
Legislative changes are being implemented from January 1, 2019 with a transitional period during which the value of the retirement age will gradually change 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 - from January 1, 2017 in accordance with a similar law No. 143-FZ of May 23, 2016 2020).
It is worth noting that all the proposed changes in pension legislation from 2019 will not touch those citizens of Russia who already receiving a pension- the new measures are aimed only at extending the “working period” for future pensioners, who should reach retirement age from 2019.
Entry to the old-age insurance pension from 2019
From January 1, 2019, the release dates for . Initially, the Government, under 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, at the suggestion of the President, the age for women was reduced to 60 years, i.e. as a result, the increase for men and women will be the same - for 5 years.
And this increase will happen 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 norms 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 of granting an old-age pension under the new law, you can use the data presented in the table:
Table - Retirement from 2019 by year
| Year of retirement under the current law (aged 55/60) | Retirement age under the new law from 01/01/2019 | Year of retirement under the new law | |
|---|---|---|---|
| Women | Men | ||
| I half of 2019 | 55 + 0.5 | 60 + 0.5 | II half of 2019 |
| II half of 2019 | 55 + 0.5 | 60 + 0.5 | 1st half of 2020 |
| 1st half of 2020 | 55 + 1.5 | 60 + 1.5 | II half of 2021 |
| II half of 2020 | 55 + 1.5 | 60 + 1.5 | 1st half of 2022 |
| 2021 | 55 + 3 | 60 + 3 | 2024 |
| 2022 | 55 + 4 | 60 + 4 | 2026 |
| 2023 and beyond | 55 + 5 | 60 + 5 | 2028 etc. |
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 on old age starting from 01/01/2019 - that is women born in 1964 and men born in 1959.
- Within 5 years, a so-called “transitional period” will operate for women and men, within which the retirement age will increase annually by 1 year(except for the first two years of the transition period, when it will be possible to retire six months earlier).
- For women from 1968 and men from 1963, already final values - 60 and 65 years. Accordingly, they will be the first in Russia to retire later for all the 5 years difference adopted by the State Duma - in 2028 instead of 2023 according to the old law (see table above).
However, the new law provides for the possibility of reducing the retirement age by 24 months. Such a reduction is established in the presence of 37 years of experience for women (provided they reach 55 years of age) and 42 years of experience for men (who have reached 60 years of age).
Preferential pensions for teachers, health workers, creative workers from 2019
Under the old law, teachers and health workers were required to have 25-30 years of work experience (depending on the place of work) for early retirement. According to the new law, the right to early appointment of a pension in the presence of such length of service remains, but the withdrawal period carried forward for 5 years after acquiring the required number of years of service. At the same time, a phased increase in the term of appointment (by 1 year annually, except for the first two years with the stipulated preferential retirement) is envisaged from 2019 to 2023 until the required value of 5 years is reached.
The terms for assigning an early insurance pension for teachers and doctors by year are indicated in the table:
Thus, from 01/01/2019, it will be possible to get an early insurance pension and after receiving the necessary length of service 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 from 2023 of the year. Also, for these categories of workers, the possibility of retirement according to the new generally established values of the retirement age remains - upon reaching the age of 60 or 65.
For employees of creative activity (in theaters and theatrical and entertainment organizations), according to the old law, the possibility of early exit was provided, depending on the nature of the work, at the age of 50-55 years, with a work experience of 15-30 years. The new pension law from 2019 also establishes a new retirement age for such workers - 55-60 years old with the same seniority requirements. The increase will also take place 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 regions of the Far North (RKS) and equivalent areas (MKS), the legislation establishes the age 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 - respectively up to 55 and 60 years.
Such measures in the Government are explained 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 the establishment of new values for employees of the RC and ISS, also a transitional period: from 2019 to 2023 for men and women. During it, the standard age will increase annually by 1 year until it is set at 55 and 60 years (except for 2019 and 2020, when “preferential” retirement conditions will still be in effect).
It should be noted that changes in the rules for assigning northern pensions working in difficult and harmful working conditions(underground works, 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 with a step of six months. 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 take place according to the new schedule presented in the table:
| Year of retirement of civil servants under the old law | Retirement age under the new law | Year of retirement of civil servants under the new law | |
|---|---|---|---|
| Women | Men | ||
| 2017 | 55 + 0,5 | 60 + 0,5 | 2017-2018 |
| 2018 | 55 + 1 | 60 + 1 | 2019 |
| 2019 | 55 +1,5 | 60 + 1,5 | 2020-2021 |
| 2020 | 55 + 2 | 60 + 2 | 2022 |
| 2021 | 55 + 3 | 60 + 3 | 2024 |
| 2022 | 55 + 4 | 60 + 4 | 2026 |
| 2023 | 55 + 5 | 60 + 5 | 2028 |
| 2024 | 55 + 6 | 2030 | |
| 2025 | 55 + 7 | 2032 | |
| 2026 and beyond | 55 + 8 | 2034 | |
Thus, the rules for changing the retirement age of civil servants provided for by the old law will be adjusted. The transitional period, during which a gradual increase in the retirement age will take place, 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 increase will be faster.
Social pensions from 2019
In addition to those already discussed above, the pension reform from 2019 provides for a number of changes regarding the conditions of appointment, in particular social old age pensions intended for persons who have not earned the necessary.
Until 2019, they were due to persons who have reached the age of 65 for men and 60 for women (that is, 5 years later than the generally established retirement age for 2018 of 60/55 years). Under the new law, this right will only arise upon reaching 70 and 65 years(i.e. also with an increase of 5 years from the new age of 65/60 years).
At the same time, the law also provides for transitional provisions for social pensions, which establish a phased increase in the retirement age, starting from January 1, 2019(and in 2019 and 2020 preferential retirement conditions will apply, according to those proposed by the President).
All new statutory retirement ages for receiving social pensions for men and women (70 and 65 years, respectively) will be finally set from 2023.
Who will not be affected by the increase in the retirement age in Russia?
First of all, statutory changes 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 the rights and benefits acquired earlier.
In addition, the adopted law does not provide increasing the retirement age for certain categories of citizens:
- Employed in jobs with difficult and harmful working conditions, namely:
- employees in favor of whom the employer pays insurance premiums at the relevant rates, which were determined as a result of a special assessment of working conditions;
- pilots of civil aviation, engineering staff for aircraft maintenance;
- flight test personnel involved in testing aviation and other equipment;
- workers of locomotive crews, workers organizing transportation and ensuring traffic safety on railway transport, in the subway;
- machinists 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 the maintenance of mechanisms and equipment;
- truck drivers in mines, crankcases, mines, 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 prospecting, search, topographic teams and expeditions, in prospecting and other works;
- in the crew of the sea, 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 deprivation of liberty;
- women working in the textile industry with heavy loads in conditions of increased intensity and others.
- Citizens who are entitled to a pension for health reasons or social reasons:
- one of the parents or guardians, who brought them up to the age of 8;
- visually impaired people of the 1st group;
- women who have given birth to 5 or more children and raised them up to the age of 8;
- women who have given birth to 2 or more children and have established work experience in the regions of the Far North and areas equated to them and others.
- 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.).
A complete detailed list of persons who will not be affected by the increase in the retirement age planned by the Government from 2019 is provided in (PDF file format) prepared by specialists from the Pension Fund of the Russian Federation.
Before the passions for discussing the pension reform of 2013-2015 have subsided, how is the pension law of 2018 on the way? The decision to increase has been made, as announced by Dmitry Medvedev on June 14, 2018, so pension reforms are inevitable. Let's take a closer look at the trends in legislation in the field of pensions.
Retirement age
The government proposes to gradually raise the retirement age to 65 for men and 63 for women, with a transitional period starting next year in 2019 and lasting until 2028 for men and 2034 for women. This was stated by the Prime Minister of the Russian Federation Dmitry Medvedev at a meeting of the Cabinet of Ministers, where the relevant bill is being considered.
As for workers from the Far North and territories equated to them, the retirement age will be set at 60 for men and 58 for women.
Scheme for raising the retirement age
The first increase in the retirement age will affect men born in 1959 and women born in 1964: they will be entitled to retire in 2020 at the age of 61 and 56, respectively. Men born in 1960 and women born in 1965 will retire in 2022 at the age of 62 and 57, respectively. Men born in 1961 and women born in 1966 – in 2024 at the age of 63 and 58; men born in 1962 and women born in 1967 – in 2026 at age 64 and 59; men born in 1963 and women born in 1968 will be able to retire in 2028 at the age of 65 and 60, respectively.
On this, having reached the age of 65, the transitional period of increasing the retirement age for men will end. Women born in 1969 will be eligible for retirement in 2030 at age 61; women born in 1970 – in 2032 at the age of 62; women born in 1971 – in 2034 at the age of 63.
The increase in the retirement age does not affect current pensioners - about 46.5 million people. Those who are waiting for the appointment of a pension in the near future, this law will also not affect and the pension will be assigned according to the old legislation.
The pension reform of 2015 is a kind of next step in the development of the pension system and the legislation that regulates it. However, now both analysts and ordinary citizens are facing the question more and more sharply: was this step a step backwards? 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 assess 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 the Russian Federation), it was calculated and appointed in accordance with the Federal Law of 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 funded parts.
Law N 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 the conditions under which the appointment took place was contained in it. For a better understanding of the changes brought about by the reform of the pension system in 2015, it is worth highlighting the main points that are reflected in this document.
Types of labor pensions:
- - this type of pension payments is assigned to persons who have been established disability;
- - paid to disabled dependents of insured persons in the event of their death;
- - assigned to men and women aged 60 and 55, respectively, if they have at least 5 years of insurance experience.
It is also worth noting such a concept as - the period during which the Pension Fund of the Russian Federation (PFR) received.
An important factor was, among other things, the indexation of the size of the labor pension, the possibility of early access to it by certain categories of citizens, as well as the implementation of the recalculation of the amount of payments if citizens had circumstances for this.
Until 2015, the main components of the formulas for calculating labor pensions were such values as: the base amount, the amount of pension savings, the expected period of payments and the 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) to reform the system relating to labor pensions.
The main change brought about was abolition of labor pension as such: now, instead of its two constituent parts, two independent pensions have appeared, the calculation and appointment of which are regulated by two different laws - this and.
In addition, the new legislation changed the formula by which the insurance pension is calculated - now it contains an individual pension coefficient (pension point or IPC), as well as its value. It is these values that have been decisive since 2015 when calculating the insurance pension provision.
Changes in pension legislation
First of all, it is worth looking at the real steps that the country's leadership already done in this area:
- raising the retirement age for civil servants;
- freezing pension savings;
- rule change.
An unequivocal answer to a 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, can be implemented as early as 2017), in fact, nullifying the advantages that could be found in the 2015 reform:
- termination of pension payments And ;
- which time is planned change the procedure for the formation of a funded pension- now the capital for it will have to be formed from conditionally voluntary contributions.
Conclusion
The reform of 2015 can be treated differently: someone will see advantages in it, someone will advocate for complication. 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 the reform of the pension system was a step in the right direction, so far no one can- even among the people who submitted these laws for consideration to the chambers of parliament, disputes still do not subside, whether society and the country really needed it.
Old-age pensions are benefits that are paid every month. Pension benefits may vary. The amount of the allowance depends on the length of service or other charitable activities that are beneficial to society.
The old-age insurance pension is a payment that is accrued to insured persons every month.
Its size is calculated according to several indicators:
- The amount of wages;
- The amount of remuneration or other payments;
- The period of lost disability due to disability and / or old age (FZ on conditions for the disabled).
The structure of the Pension Fund has changed significantly in recent years. Now, in order to receive an old-age pension, you need to work officially. By law, employers pay monthly insurance premiums for their employees. The amount depends on the salary. It is used to calculate interest on pension payments.
Please note: The amount of the payment depends on the current salary.
All laws on pensions of the Russian Federation are presented below:
- Federal law "On insurance pensions", which was adopted in 2013;
- Federal Law No. 385 “On the abolition of indexation of pensions for working pensioners”;
- Federal Law No. 424 "On funded pension";
- Federal Law No. 422 "On guaranteeing rights in the formation and investment of pension savings";
- FZ.
The procedure for calculating pensions in the Russian Federation
Federal Law No. 400 contains information on the calculation of old-age pensions. It contains a formula for calculating:
SP \u003d (KPB * SB) + PV
CPB- the number of points that were accumulated by the insured person before the pension was calculated. Retirement Points is an indicator that will be needed to calculate the pension. It began to be used after the introduced reform. The amount of points depends on the length of service, the amount of deductions and the amount of the official salary.
Sat- point value. This indicator changes every year and is set by the Government of the Russian Federation.
FV- fixed pension payment. It is set by the state. Its size in 2017 is 4805.11 rubles.
According to Federal law, to apply for a pension payment, contact one of the following institutions:
- Department of the Pension Fund of Russia;
You can also make a payment in your account on the portal of the State Pension Fund of Russia.
Documents for registration:
- Application for the appointment of a monthly allowance;
- Identity card (passport);
- SNILS;
- Employment history;
- Other documents that confirm the work experience.
The Pension Fund does not have data prior to 2002. For this reason, it is necessary to provide documents with which points can be calculated. The calculation period is 60 months or 5 years (until 2002).
The law states that documents are checked within 10 days. The pension is paid from the date on which the application is submitted. It is impossible to receive a payment before the rights received for it. However, lawyers advise filing documents before retirement.
Subsequently, pensions are paid once a month in accordance with the procedure established by the Government.
The place of issue of funds depends on the choice:
- Russian Post: at home or at a branch;
- Bank: to a plastic card or at the cash desk;
- Special payment delivery companies.
Does work experience matter?
The length of service is reflected in the amount of pensions and various state support intended for pensioners. Therefore, seniority is important only for people of retirement age. In the USSR, such experience was of greater importance. However, it was not always possible to work for a long time in one company, even if the desire remains. Therefore, the advantages of continuous work experience are less than the disadvantages.
In principle, the effect of continuous service on the final amount of payment is the same as that of a regular one. However, now citizens themselves choose how much and where to work. The main thing is to have the required number of years of service before retirement age.
Many are wondering how to restore seniority under the law? Information about work experience can be lost only if you could not find the work book or it was damaged. If a person has lost a work book, he must immediately contact the employer at the last place of work.
Please note: a duplicate is issued within 15 days after the acceptance of the application.
Recent changes in the law for pensioners
The federal law "On the budget of the Pension Fund of the Russian Federation for 2017 and for the planning period of 2018 and 2019" was adopted by the State Duma on December 9, 2016, and approved by the Federation Council 5 days later of the same year. Changes have also been made to the latest edition.
Article 2
Article two of the Federal Law defines the main administrators of the revenues of the budgetary Fund, as well as:
- The list of chief administrators of the Fund's budget revenues is approved in accordance with Appendix 1;
- The list of chief administrators of the Fund's budget deficit financing sources is approved according to Appendix 2 of this Federal Law.
Article 6
Article 6 of this law defines the specifics of the resolution on the use of budget allocations. The funds come from the state fund to the budget for the payment of an insurance pension. In other words, they are used to finance the payment of insurance pensions.
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The federal law "On the budget of the Pension Fund of the Russian Federation for 2017 and for the planning period of 2018 and 2019" determines the amount of the pension payment for 2017-2019. It contains the exact amounts of allocated funds, which are distributed among various categories of citizens.
To learn more about this Federal Law, to analyze the amendments and additions, go to.