Federal Law No. 400 ā€œOn Insurance Pensionsā€ in simple words. Federal Law of 12.28.2013

A huge role for all pensioners is played by FZ-400 ā€œOn Insurance Pensionsā€. The thing is that in Russia the pension system is constantly undergoing changes. Therefore, we have to annually be interested in what awaits people who have reached retirement age in a given period. Who is eligible for insurance benefits? How much does support for this type of pensioner stand out? All the nuances should be discussed in advance. After all, the latest changes that entered into force in 2016 have seriously affected the pension system of the Russian Federation.

Payment Terms

The first thing you should pay attention to is the conditions for the occurrence of pension payments. 400- dated 12/28/2013 clearly regulates the rules for establishing insurance pensions. If the conditions are not met, you will not be able to claim one or another support.

FZ 400 on insurance pensions

At the moment, it is said that the insurance pension is paid to all citizens who have reached retirement age. In Russia, women receive pensioner status at 55, and men at 60.

It should be noted that the insurance experience should be at least 15 years. That is, if during the specified time a citizen made payments to the FIU, he has the right to such payments. But that is not all.

The thing is that now in Russia there is a system of coefficients. For each worked year, a citizen will be credited with certain points and coefficients. The latter should be at least 30. Only then will all the conditions for accruing insurance pensions to ordinary citizens be fulfilled.

For disabled people

But this is only one type of insurance support for the retirement age population. There are various options for the development of events. How is disability insurance pension calculated and paid?

According to the Federal Law-400 of December 28, 2013, all citizens who have been disabled at one age or another have the right to this payment. It is charged regardless of various factors that, for example, affect a similar payment, but to completely healthy people.

In other words, a disability insurance pension will be accrued to anyone with a disability. Neither the length of service, nor the material situation of a citizen, nor his age are important. Even a disease or other deviation does not play a role. If a person is an invalid of groups 1-3, he is entitled to insurance payments even as a minor.

Loss of breadwinner

There is another scenario. The thing is that an insurance pension can be assigned due to the loss of the breadwinner. But in what cases and who has the right to it? At present, the law provides for the payment of a survivor's pension to all citizens who are dependent on the deceased. Again, age does not matter.

disability insurance pension

But FZ-400 "On Insurance Pensions" provides for one important point. Dependents must be declared incapable of work. If the person who was kept by the deceased breadwinner doesn’t work of his own free will, you can’t count on support from the state.

What determines the size of the pension

Now you need to understand what indicators will affect the size of pension payments. Who is eligible for an insurance pension? It is already clear that it all depends on the type of payment. But what factors directly affect the amount of cash support in this case?

FZ-400 indicates several points that can reduce or increase the size of insurance premiums to the population. What exactly is it about? At the moment, based on the law, we can conclude that the following factors influence payments:

  • individual deductions to the FIU for the year from a citizen;
  • pension coefficient for a given year;
  • work experience (indirectly).

Accordingly, the more a citizen transferred during his life to the Pension Fund, the more he will receive. Work experience affects the number of points received by each employee. If a person has not scored the required minimum, he will not be able to receive an old-age insurance pension .

400 federal laws from 28 12 2013

What counts as a labor guard

What other features should you pay attention to? The thing is that the law on pensions (400- dated 12.28.2013) provides for certain periods that are not work, but are counted in the length of service. This is a very important point. After all, it is far from always necessary to carry out official duties. You can hope for an increase in seniority in the following situations:

  • military service on conscription (urgent);
  • alternative military service;
  • contract service;
  • parental leave up to 1.5 years (but not more than 6 years in total);
  • the time when a citizen received unemployment benefits;
  • unlawful detention;
  • when caring for a citizen after his 80 years, as well as for children with disabilities and disabled adults of the 1st group;
  • the time of living with a spouse in a military town while serving under a contract.

The above items can be attributed to seniority. Therefore, these time intervals will be taken into account during the calculation of the insurance pension. Yes, and seniority in general.

Calculus

How is insurance pension calculated? This question is also of interest to many citizens. The system invented in Russia does not require any serious knowledge from the population. They can independently calculate how much it is supposed to receive money as an insurance pension in a particular case.

old-age insurance pensions

If we are talking about charges for old age, as well as for disability, you will have to use the formula P = K * SK, where:

  • P - pension;
  • K - the number of points scored by a citizen during labor;
  • SK - the cost of 1 point at the time of the appointment of the pension payment.

The amount of old-age insurance pensions is now clear. But what if we are talking about payments made due to the loss of a breadwinner? In this situation, a similar formula is used, but in it:

  • P is the amount of pension payments;
  • K - the number of points that the recipient did not score, but the breadwinner;
  • SK - the cost of 1 point on the date on which the appointment of a pension payment for the loss of a breadwinner.

There is nothing difficult about this. The main problem is that it is impossible to say exactly what the coefficient of cost of points will be in the future. Therefore, making calculations for the future does not make any sense.

Fixed payout

The law under study provides for a fixed payment of insurance pension in one size or another. This is a kind of additional support from the state.

Payments must be indexed annually. Moreover, FZ-400 provides for a certain date on which an increase in fixed payments is carried out. This is February 1st.

It should also be noted that from April 1, 2015, the Russian government has the full right to appoint additional indexation of material support to citizens. But only at the moment, such conditions are not respected. There are reasons for this.

fixed payment to insurance pension

Which ones? These terms and conditions are suspended until 2017. These changes took effect in 2015. Therefore, in Russia every year they try to increase fixed payments for insurance pensions, but they are not always able to do so.

Exact amounts

FZ-400 ā€œOn Insurance Pensionsā€ does not indicate the exact amounts due for payment in the form of fixed payments to pension contributions. This is quite an obvious fact, because every year these indicators change. What rules apply in 2016?

The thing is that surcharges are divided into several categories - for old age and 1-2 groups of disabled people, and there are also separate payments to citizens with disabilities of 3 groups. In January 2016, the amounts were respectively 4,383 rubles 59 kopecks and 2,191 rubles 80 kopecks.

But since February of the same year, indexation has occurred. Now, citizens receive in addition to the old-age insurance pension, as well as for disability of 1 or 2 groups, 4,558 rubles, 98 kopecks per month, and for disability of the 3 groups - 2,279 rubles 47 kopecks. Not too big changes, but the main thing is that indexing itself has taken place.

Where to apply for

What else should you pay attention to? The thing is that FZ-400 "On Insurance Pensions" indicates how to receive these payments. Where can I go for paperwork to designate such support?

At the moment, citizens have a small alternative to action. They have the right to appeal:

  • to territorial Pension Funds;
  • in the FIU;
  • through the public services portal;
  • to multifunctional centers.

It is in these instances that citizens who have a chance of receiving an insurance pension should apply with a statement and a certain package of documents. The law under study also states that the employer has the right to represent the pensioner and apply instead to the above bodies for calculating insurance payments. But this action is possible only with the written consent of the future recipient of charges.

pension law 400 fz

Documents to receive

But how do you get an insurance pension in any case? Often, citizens are entitled to several types of state support. In this case, you have to choose which pension to receive. So say the rules established in Russia. FZ-400 "On Insurance Pensions" indicates the full list of documents required for the purpose of state support. You must come to the Pension Fund of Russia or to any other organization applying for pensions with the following list of documents:

  • identity card (passport of a citizen of the Russian Federation);
  • SNILS;
  • an application for an insurance pension (insurance payments must be indicated);
  • pensioner's ID;
  • employment history;
  • certificates and extracts confirming certain periods that are not included in the work, but related to the length of service;
  • birth certificates of all children;
  • extract from the personal account of a citizen;
  • military ID (for men).

You will also have to take any evidence that the person does not receive any other pension. When a citizen turns to the FIU, this fact will most likely be checked on the spot. If you want to receive money to your bank account, the details of this are provided.

When it comes to the granting of a disability pension or loss of a breadwinner, documents proving the disability of a citizen will be required. Any certificates indicating the incapacity of the dependent (in case of loss of the bread-winner) are also provided. Of course, they may ask for a death certificate from the person who contained the future recipient of the pension.

With all of the above documents will have to contact the appropriate authorities. It is advisable to bring copies of papers with you. Next will be a check. And if all the documents are in order, the citizen will begin to pay an insurance pension.

Not for all

Another important point - in 2016, to receive the studied support for pensioners, you must have at least 7 years of work experience, as well as 9 pension points. If these conditions are not met, the citizen will be entitled to a social pension.

insurance pensions federal law

Also, survivor payments are not assigned to citizens who have criminal convictions. Or if the potential recipient of insurance payments has committed actions that resulted in the death of the breadwinner.

These are the main features that conceal insurance pensions. Federal law establishes the basic principles for calculating these payments. But he is constantly undergoing changes. Therefore, it is difficult to say how the situation with insurance pensions will be in a few years. For example, now Russia is discussing raising the retirement age. This step will leave its mark on the FZ-400.

Source: https://habr.com/ru/post/E12289/


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