On labor pensions in the Russian Federation No. 173-FZ: latest edition. Federal Law "On Labor Pensions in the Russian Federation"

The grounds for the emergence and the rules for exercising the rights of citizens to payments in connection with the loss of the ability to carry out professional activities are regulated by FZ-173 of December 17 , 2001. We will consider below some provisions of this normative act.

Key concepts

The following terms are used in the text of the normative act "On labor pensions in the Russian Federation ":

1. Insurance experience. They call the total duration of work or other professional activities, in the framework of which deductions were made to the FIU.
2. Labor pension. It is called the monthly payment aimed at compensating persons with income (salary including) that they received during the period of work or other professional activity as insured persons. This amount is also provided to the disabled families of these citizens in case of death of the latter.
3. Settlement capital. He is called the total amount of contributions to the FIU for the insured citizen, as well as pension rights, expressed in cash, received before the entry into force of the regulatory act in question. Capital is the basis for determining the insurance element of payments. The procedure for its accounting is determined by the Government.
4. Personal individual 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. The FIU’s personal accounting system provides for a special section. It contains information on the contributions received for the citizen, allocated for the accumulative financing of pensions, income from investment, as well as deductions made at the expense of the generated amount.
   

Subjects of law

The normative act " On labor pensions in the Russian Federation " defines specific individuals who are able to receive payments. The opportunity to receive compensation payments can take advantage of:

1. Citizens insured in the prescribed manner. In this case, the conditions stipulated by the norms must be observed.
2. Disabled relatives of insured persons in cases established by Art. 9 Federal Law No. 173.
3. Foreigners and stateless persons permanently residing in the country. The exception is cases provided for in an international treaty or domestic legislation of the Russian Federation.

Payout selection

173- (as amended) provides for the following types of compensation:

1. By old age.
2. By disability.
3. Due to the loss of the breadwinner.

The first two payments may contain cumulative, insurance and base parts. Only the last two elements are included in the pension granted by the breadwinner. The procedure for the formation of the funded element of disability and old-age payments has now been adjusted. Entities that for one reason or another do not have the right to receive a pension can rely on social compensation. It is installed in a special order. The rules and conditions for the provision of social benefits are regulated in the Federal Law "On Pension Security".

Financing

173- (latest revision ) determines that in case of making adjustments to the established procedure for assigning 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 of the budget system. The formation of the funded component is carried out if there are sufficient funds recorded in a special section of the personal (individual) account of the insured citizen.

Elements of experience

Law 173-FZ establishes that periods of work or other professional activity that were carried out in the country by citizens insured in the prescribed manner are used for calculation. Moreover, during these time periods deductions to the FIU should be made. The normative act “ On labor pensions in the Russian Federation” (173-) allows for the inclusion in the length of service of periods of activity outside the country. This is permitted in cases stipulated by regulatory enactments or international agreements, or if deductions to the FIU were made for all relevant time periods.

Other periods

The Law "On Labor Pensions" determines that, along with work or other activities carried out in the country, the following are counted:

1. The term of military or other service, which is equivalent to it, including in the internal affairs bodies, bodies and institutions of the penal correction system.
2. The period of receipt of state social insurance payments in case of temporary disability.
3. The time used by one of the parents to provide child care up to 1.5 liters. Moreover, the total period should not exceed three years.
4. The period during which the citizen received unemployment benefits, performed paid community service, carried out the move in accordance with the direction of the employment service to another region for employment.
5. The period of detention of persons who were unreasonably prosecuted, subsequently repressed and rehabilitated, as well as the period of serving their sentences.
6. The time during which the able-bodied subject provided care for a disabled person of 1 gram, childhood or a citizen who has reached 80 years of age.
   

The indicated periods will be counted in the length of service if, before or after them, the subject carried out work or other professional activities defined in Art. 10 of the considered normative act. In this case, its duration will not matter.

Payment

The normative act “On labor pensions in the Russian Federation” (173-) 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 estimated capital of the insured citizen, taken into account at the date on which compensation is assigned to him - PC;
• the number of months of the estimated payment period used to determine the amount of the pension is T.

The last figure is 228 months. (19 years). In addition, the normative act “ On labor pensions in the Russian Federation” (173- ) establishes that the amount of the insurance part of payments for old age of citizens cannot be less than the mid-term compensation for disability if they have received it for at least 10 years. The calculation takes into account the amount established on the date when deductions were discontinued.

Payments to entities traveling to another state for permanent residence

The normative act " On labor pensions in the Russian Federation" (173-) allows the payment, at the request of a citizen leaving the territory of the country, of the amount assigned to him in the prescribed manner, six months in advance. Additionally, several more options are provided. In particular, a subject who leaves the country has the right to write a statement, according to which deductions will be made in the name of a trustee located in Russia. In addition, a citizen leaving for another state for permanent residence may receive 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 translation is carried out at the Central Bank rate, valid on the date of the operation. The law “On labor pensions ” allows for transfers abroad starting from the month following the period of departure to another country. But at the same time, payments must be made no earlier than the day by which the pension in rubles was received.

The rules for the transfer of assigned amounts to citizens who leave or go abroad for permanent residence are determined by the government of the Russian Federation. In case of returning the subjects back, deductions of payments not received during their stay in another country are made. However, citizens can receive a pension no more than 3 years prior to the date of application to the authorized bodies with the corresponding application.