Since January 2017, numerous changes to the pension law have come into effect. They touched both ordinary citizens and officials. Although more than half a year has passed since the introduction of the changes, lively discussions are still underway. Citizens pay particular attention to the provisions of the municipal pension. Let us further consider the features of the new order.
Subjects of law
In discussions, municipal employees are often classified as civil servants. This is not true as the law clearly distinguishes between these groups.
Administratively, the legal status of state and local officials varies significantly. The former relate to executive, judicial, and legislative structures at the federal level. The main purpose of the municipal official is to serve in local authorities. They are busy solving everyday issues, organizing the life support of the municipality. In addition, they implement orders of state power.
Within the framework of labor law, the status of a local official implies:
- Substitution of posts in the municipality.
- Labor activity on an ongoing basis. Moreover, both an urgent and an unlimited contract may be concluded with an official.
- Material support at the expense of the local budget.
Registries
Regional regulations establish job listings, classifications, and staffing. In this case, the following procedure for the formation of registers is provided:
- By the nature of authority - managers, specialists.
- By educational qualification and scope of authority - employees of the highest, main, leading, senior, junior categories.
- By bit classification - 1-3 classes, ranks and ranks.
Persons responsible for the technical support of territorial authorities do not belong to municipal employees.
Normative base
The rules for admission to employment, qualification requirements, restrictions, calculation of length of service and pensions for seniority are almost the same for municipal employees and government officials. However, according to the law, the pensions of the former cannot be higher than the amounts provided for the latter.
The provisions of several normative acts apply to municipal employees:
- Federal Law No. 25. It defines the features of the status of officials.
- Federal Law No. 166. This law defines the principles for the appointment of a municipal pension, establishes lists of persons entitled to receive it.
- Federal Law No. 400. This regulatory document establishes the rules for the appointment of pensions of other types.
- Federal Law No. 143. This law establishes a new procedure for accessing a municipal pension.
In addition, the issues of pensions for local officials are regulated by decrees of the Ministry of Labor and orders of the Ministry of Health and Social Development.
Types of payments
Due to the fact that the financing of municipal pensions is carried out from the local budget, individual regulations are adopted on the ground that specify the general procedure. Federal Law No. 166 provides for several types of collateral. Among them are municipal pensions:
- for length of service;
- old age;
- by disability.
The first is formed in the presence of experience corresponding to the norms established in the law. Municipal old-age pension is accrued after reaching the total retirement age.
In the 19th article of the Federal Law No. 400, it is possible to simultaneously assign two payments. Municipal employees may be accrued pension for the length of service and part of the insurance coverage.
Old age payments
Until the beginning of 2017, the insurance part of the municipal pension was calculated according to the rules applicable to all citizens of the country. To get paid, women had to work up to 55, and men - up to 60 years. From January 2017, these figures will increase.
At the same time, the essence of security has not changed. Having reached the specified age, an official may file an application for calculating a municipal pension for his long service and old age, or on one of the indicated grounds at his own discretion.
Nuances
Local government officials may have been slow to apply for a municipal pension. In 2016, a 60-year-old employee, as a general rule, was escorted to a well-deserved rest. However, he had the opportunity to continue working until the age of 65.
A municipal employee may apply for a pension at any convenient time. The legislation does not contain any restrictions in this regard.
Disability
Like any other citizen, a local official has the right to apply to the FIU with an application for the appointment of a disability pension to him. Moreover, the legislation allows the person to continue his work. Of course, this right is realized only if the state of health of the employee allows you to continue working.
It is worth noting that in case of disability, a person can choose only one of the ways of providing: payments for length of service or disability.
Long service pension
This type of collateral is considered today the main. The municipal employees acquire the right to receive such a pension if there are several conditions at the same time:
- The presence of at least 11 pension points. By 2025, their number should be at least 30.
- Municipal experience. For a municipal pension, you must work at least 15 years.
- The insurance period must be at least 8 years. By 2025, it will rise to 15.
- Reaching the retirement age established by law.
General Dismissal Rules
The law establishes several grounds for terminating labor relations with an official:
- Reorganization of the unit in which the citizen worked.
- Abbreviation.
- Own wish.
- Establishment of a disability group.
- Reaching age limit for service.
Dismissal is allowed no earlier than a year after acceptance for service.
Amount of collateral
The size of the municipal pension is determined in accordance with the earnings that the official received during the 12 months preceding the dismissal. The total amount of payment should be at least 45% of the average annual salary. The calculation does not include disability and old-age pension and the basic part of insurance coverage.
In some regions, other indicators may be set. However, they should not be less than those provided for by federal law. For example, in the municipalities of the capital region, the calculation is carried out at a 55% ratio. However, this can be considered an exception rather than a rule.
For each additional year of service in excess of the established 15-year norm, a surcharge is provided. Another 3% is added to the municipal pension.
The maximum total amount of security, taking into account the insurance part and the amount for the length of service, should not be more than 75% of the average annual earnings.
Additional Warranties
Upon retirement, municipal employees are paid a lump-sum allowance. Its size will depend on the official’s salary, length of service and climatic conditions. For example, employees who worked in the Far North and regions equated to it are provided with increasing coefficients.
In addition, like the pensions of other citizens, the provision of persons who are municipal employees is indexed annually. The increase in the amount of payment is carried out on February 1 by the indicator of actual inflation for the last year.
An increase in pension may also be associated with an increase in the value of an individual coefficient. Recalculation, in accordance with the law, is carried out on April 1 annually. For 2017, the retirement score is 78.58 rubles.
Reform Features
As stated at the beginning of the article, from 2017 amendments to the pension law were introduced. First of all, they concerned the retirement age. It is supposed to be increased. Initially, the changes will apply only to employees (state and municipal). Subsequently, it is planned to increase the retirement age for other citizens.
These innovations caused a wide resonance in society. Given the discontent of the population, the government decided to implement measures gradually.
According to the new rules, for retirement it is necessary for women to reach 63 years old, men - 65. Given the decision to gradually increase the age, in 2017 the age will be raised to 55.5 and 60.5 years for women and men, respectively.
The maximum age of service remained the same - 65 years. This indicator is the same for both men and women.
Another innovation is the change in the duration of the contracts of officials. All contracts concluded for a specific period from January 1, 2017 are recognized as unlimited.
Increase in length of service
According to legislative changes, by 2026, the length of service should be 20 years. Increasing the length of service will also be carried out gradually.
In 2017, for an official to retire, he needs to serve in the local authorities for at least 15.5 years.
Exceptions
It is worth saying that the innovations will not affect all municipal employees. In 2017, citizens can apply for a pension according to previous rules:
- Terminated the contract before 01.01.2017 and having the corresponding length of service and experience.
- Having worked in local authorities for more than 20 years and applying for a pension after January 1, 2017
- Having a 15-year length of service before the entry into force of Federal Law No. 143 and having the right to receive security for disability or old age.
Rules for registration
To assign a pension, a citizen should contact the personnel department of the body in which he worked. He is entitled to write a statement at any time.
To receive an insurance pension, you should contact the territorial department of the FIU. The package of documents includes:
- Passport.
- A work book or certificates confirming the existence of experience and the fact of dismissal from service.
- Insurance certificate.
- Certificate of earnings for the last year of employment.
- The document on the appointment of an old-age insurance pension.
A decision on the calculation of payment shall be made within ten days.
Rules for obtaining
Municipal pension is paid in one of the following ways:
- Through the post office. A citizen can come to the post office himself, or the pension will be delivered to his home.
- Through the bank. A pensioner can also come to the bank and receive a payment, or the pension will be deducted to his card account.
- Through the body that delivers pensions to your home (social security).
Definition of experience
It is carried out according to the following rules:
- The periods included in the length of service add up regardless of the presence of interruptions in work and their duration.
- The accrual of experience is carried out in a calendar order (in days, months, years).
- Preferential calculation is not carried out, except in cases of passage by a citizen of the conscription service.
- The experience includes the periods used to care for minors, if the citizen has retained the position of municipal service. In total, these periods should not exceed 3 years.
Calculation of service pension
The amount of security is determined by the formula:
- P = C x 0.7 x Re x (O + P).
Surcharge for seniority is calculated as follows:
In the above equations:
- Retirement Pension - P.
- The amount of additional payments for experience - D.
- The coefficient determining the dependence of the length of service pension on the total length of service is S.
- The coefficient determining the dependence of the supplement on the length of service is C1.
- The unit of account is Re.
- The salary value in units of account is O.
- The size of the premium for the rank (accrued monthly), which the citizen had at the date of dismissal - R.
The value of units and ratios in different regions may vary. So, in St. Petersburg C1 for citizens discharged before 01.01.2017 is 100%. For subjects who retired after the specified date, the coefficient is set in accordance with Appendix 2 of the Law of St. Petersburg, which regulates the pension provision of employees of municipal bodies. The exception is persons who, as of December 31, 2016, have reached the age established by federal law for assigning an insurance pension. For these citizens, C1 is 100%.
The unit of account is:
- For citizens who retired before Jan 1. 2017, - 1300 rubles.
- For employees dismissed after this date - in the amount established by the Law of St. Petersburg on the date of termination of the contract.
Termination of Payments
The legislation establishes the following cases of termination of pension contributions:
- The death of a citizen who received security for length of service or additional payment for seniority, recognition of him dead, missing.
- Departure of a person outside the Russian Federation for permanent residence.
- Loss of the right to retirement benefits.
In the first case, payments are terminated from the date of death of the citizen or from the day the court ruling, according to which the citizen is recognized dead or absent, takes effect.
The last reason occurs if a citizen, when applying to the authorized body for the appointment of a pension, provided false information, and subsequently documents were received that refute them.
Conclusion
At the beginning of any transformation, the question always arises of their appropriateness. If we talk about changing pension legislation, the key goal of the reform is to strive for the government to save budget funds. Currently, there is a shortage of funds, the completion of which is rather slow.
According to analysts, in the first year of innovation, the state will be able to save about 600 billion rubles. Subsequently, this figure can only increase.