On labor pensions in the Russian Federation No. 173-FZ: last edition. The federal law "On labor pensions in the Russian Federation"

г. Рассмотрим далее некоторые положения этого нормативного акта. Grounds for the emergence and rules for the exercise of the rights of citizens to payments in connection with the loss of the ability to carry out professional activities are regulated by Federal Law No. 173 of December 17 , 2001. Let us consider some provisions of this normative act.

Key Concepts

" используются следующие термины: The text of the normative act "On labor pensions in the Russian Federation " uses the following terms:

1. Insurance experience. They are called the total duration of work or other professional activities, within which contributions were made to the FIU.
2. Labor pension. It refers to a monthly payment aimed at compensating persons for income (w / n including) that they received during the period of working or other professional activities as insured persons. This amount is also given to disabled relatives of these citizens in case of death of the latter.
3. Estimated capital. They are called the total amount of contributions to the Pension Fund for the insured citizen, as well as pension rights expressed in cash received before the enactment of the normative act in question. Capital is the basis for determining the insurance element of payments. The procedure for its recording is determined by the Government.
4. Personal account. This is a set of data on the contributions received for the insured citizen and other information about him, which contains his identification signs in the FIU.
5. Special part l / s. In the personal accounting system of the FIU, a special section is envisaged. It contains information on the contributions received for a citizen sent for accumulative financing of pensions, income from investment, as well as deductions that were made at the expense of the amount generated.

Subjects of law

" определяет конкретных лиц, имеющих возможность получать выплаты. The normative act " On labor pensions in the Russian Federation " defines specific persons who are able to receive payments. Possibility to receive compensatory payments can use:

1. Citizens who are insured in accordance with the established procedure. In this case, the conditions stipulated by the norms must be observed.
2. Disable relatives of insured persons in cases specified in art. 9 of Federal Law No. 173.
3. Foreigners and persons who do not have citizenship permanently residing on the territory of the country. Exceptions are cases provided for in an international treaty or domestic law of the Russian Federation.

Choice of payment

предусматривает следующие виды компенсаций: 173-FZ (with amendments) provides for the following types of compensation:

1. For old age.
2. On disability.
3. Because of the loss of the breadwinner.

The first two payments can contain a cumulative, insurance and basic part. In retirement, appointed because of the breadwinner, only the last two elements are included. The procedure for the formation of the accumulative element of disability and old age disbursements is currently subject to adjustments. Subjects who for one reason or another do not have the right to receive a pension can expect social compensation. It is installed in a special order. The rules and conditions for granting payments of a social nature are regulated in the Federal Law "On Pension State Support".

Financing

) определяет, что в случае внесения корректировок в установленный порядок назначения выплат, требующих увеличения затрат, должны быть определены конкретные источники и правила компенсирования дополнительных расходов. 173-FZ (last version ) determines that in the event of adjustments to the established procedure for the appointment of payments requiring an increase in costs, specific sources and rules for the compensation of additional costs should be determined. In accordance with this, normative acts are adopted to amend the provisions on the budget system. The accumulation component is formed when there are sufficient funds recorded in a special section of the personal (personal) account of the insured citizen.

Elements of experience

устанавливает, что для расчета используются периоды рабочей либо иной профессиональной деятельности, которая осуществлялась на территории страны гражданами, застрахованными в установленном порядке. Law 173-FZ establishes that for the calculation periods of working or other professional activity that is carried out on the territory of the country by citizens insured in accordance with the established procedure are used. At the same time, during these time intervals, contributions to the FIU must be made. допускает включение в стаж периодов осуществления деятельности за пределами страны. The normative act " On labor pensions in the Russian Federation" (173-FZ) allows for the inclusion in periods of experience of activities outside the country. This is permitted in cases provided for by regulatory enactments or international agreements, or if allocations to the FIU are made for all relevant time intervals.

Other periods

определяет, что наравне с рабочей или другой деятельностью, выполнявшейся на территории страны, засчитываются: The law "On labor pensions" determines that, along with work or other activities carried out on the territory of the country, the following are counted:

1. The term of a military or other service, which is equal to it, including in the ATS, the organs and institutions of the penal system.
2. Period of receipt of payments for state social insurance for temporary incapacity for work.
3. Time used by one of the parents to provide care for the child up to 1.5 liters. The total period should not exceed three years.
4. The period during which a citizen received unemployment benefits, performed paid public works, moved in accordance with the direction of the employment service in another region for employment.
5. The period of detention of persons who were unreasonably prosecuted, repressed and rehabilitated subsequently, as well as the term of serving their sentences.
6. The time during which the able-bodied subject provided care for a disabled person 1 year, a child or a citizen who reached the age of 80.

The specified periods will be counted in the experience, if before or after them the subject carried out working or other professional activity, defined in art. 10 of the normative act in question. In this case, its duration will not matter.

Calculation

устанавливает порядок определения размера страховой части выплат по старости. The normative act "On labor pensions in the Russian Federation" (173-FZ) establishes the procedure for determining the size of the insurance part of old-age payments. It is calculated by the formula:

MF = PC / T, in which:

• Insurance part - MF;
• The amount of the calculated capital of the insured citizen, recorded at the date with which compensation is assigned to it, is PC;
• The number of months of the estimated period of payments used to determine the size of the pension - T.

The last indicator is 228 months. (19 years). ) устанавливает, что величина страховой части выплат по старости граждан не может быть меньше СЧ компенсации по инвалидности, если они получали ее не меньше 10-ти лет. In addition, the normative act " On Labor Pensions in the Russian Federation" (173-FZ ) establishes that the amount of the insurance part of old-age payments can not be less than the MF disability compensation if they have received it for at least 10 years. The calculation is based on the amount set at the date when the deductions were terminated.

Payments to subjects who are leaving for another state for permanent residence

допускает выплату по желанию гражданина, покидающего территорию страны, суммы, назначенной ему в установленном порядке, за полгода вперед. The normative act " On labor pensions in the Russian Federation" (173-FZ) allows the payment, at the request of a citizen leaving the territory of the country, of the amount assigned to him in accordance with the established procedure, six months in advance. In addition, there are several other possibilities. In particular, the subject who leaves the country has the right to write a statement in accordance with which the deductions will be made in the name of a trustee located in Russia. In addition, a citizen who is leaving for another state for permanent residence can receive a payment to his account in a domestic or foreign bank. Deductions can be made both in rubles and in foreign currency. In the latter case, the conversion is carried out at the rate of the Central Bank, effective on the date of the transaction. " допускает совершение переводов за границу начиная с месяца, который следует за периодом отъезда в другую страну. The Law on Labor Pensions allows for the transfer of money abroad starting from the month that follows the period of departure to another country. But at the same time, payments should be made not earlier than the day before which the pension was received in rubles. The rules for transferring the amounts assigned to citizens who have left or are leaving for permanent residence abroad are determined by the government of the Russian Federation. In the event of the return of the subjects back, the payments not received during their stay in another country are deducted. However, citizens can receive a pension no more than 3 years before the date of applying to the authorized bodies with the appropriate application.