What are insurance pensions? The answer to this question is contained in No. 400-FZ "On Insurance Pensions". It is this law that will be examined in the article.
About legal regulation
The proposed bill was developed in accordance with the Russian Constitution. It is designed to establish the basis for the emergence and exercise of civil rights in insurance type pensions. The purpose of normative act No. 400- is to protect the rights of Russians to insurance pensions provided on the basis of compulsory pension insurance. Moreover, the social significance of labor activity, as well as the social orientation of the economy in the country and the constitutional principles for providing pensioners with employment, should be taken into account.
We should also talk about the legal regulation of the pension sector. No. 400- is far from the only normative act regulating pension type payments. It is also worth highlighting No. 156-FZ "On Social Insurance", the Federal Law "On Personalized Registration in the Insurance System", as well as some other laws. All the presented normative acts, in accordance with Article 2 No. 400-, are called upon to consolidate the existing pension system and modernize it.
About basic concepts
The presented regulatory act contains a large number of highly specialized concepts that should be paid special attention. What is an insurance pension? In accordance with the law, this is a financial payment having a monthly basis, designed to compensate the salary of insured persons upon their disability age. It is important to consider the length of service. The law states that the insurance period refers to the total duration of working periods during which insurance premiums were accrued to the Russian Pension Fund.
Another important concept is the retirement rate. According to No. 400- On Insurance Pensions, this is a special parameter that can reflect the pension rights of the insured person in relative units. The cost of this ratio may be the ratio of the amount of insurance type contributions to the financial security of the pension.
Who is eligible for insurance pensions?
Which individuals are able to receive an insurance type pension in a timely manner? According to Article 4 No. 400-FZ, these must be persons with Russian citizenship who have special insurance. In some cases, family members of insured citizens who are not able to carry out labor activities have pension rights. Here it is worth adding foreigners and stateless persons.
According to article 5, it is allowed to receive insurance and state pensions at the same time. Citizens with the right to receive an insurance pension are entitled to one pension of their choice. The following types of insurance benefits are available:
- in connection with the acquisition of disability status;
- on the occasion of the loss of the breadwinner;
- by old age.
Article 7 establishes the norms for financial support of insurance type pensions. So, amendments to the bill under consideration may be made regarding the increase in expenses for the payment of insurance type pensions. Such changes are permissible only once a year as part of budgeting for the new year or for the planning period.
Terms of assignment of pension insurance payments
Chapter 2 of Federal Law No. 400-FZ discloses in detail the main types of insurance payments, as well as the conditions for their implementation. Article 8 deals with the formation of pension payments in case of old age. The age for civil, military and civil servants is regulated. A fifteen-year period is set for at least insurance pension. It also says about the coefficient, which should be at least 30.
Article 9 sets out the rules for the provision of pensions for persons with disabilities of I, II or III groups. According to the law, only a special medical and social examination can recognize a citizen as disabled. The reason for the disability, the length of the insurance period or the duration of the work are not conditions for the formation of pension payments in connection with disability. It is enough only the conclusion of a special commission on the presence of a disabled group.
Finally, article 10 of the law in question refers to the loss of the breadwinner. According to the normative act, members of the breadwinner’s family who are not able to carry out labor activities are able to receive an insurance pension. The insurance experience of the deceased breadwinner does not play a role here - it may not even be.
About appointment of insurance period
Federal Law No. 400- "On Insurance Pensions" regulates in detail the process of appointing insurance experience. Article 11 refers to work periods that should be included in the length of service. So, labor activity was to be performed on the territory of Russia. During the entire working period, insurance-type contributions to the PFR budget were to be charged. Work periods performed outside the Russian state are regulated separately.
Article 12 discloses in detail the working periods that are provided for in article 11. Here is what is worth highlighting here:
- duration of military service;
- terms of registration and receipt of benefits under the mandatory social program. insurance;
- periods of child care (maternity leave);
- period of use of unemployment benefits;
- the period of unjustified criminal prosecution of a citizen, which resulted in a temporary lack of the ability to carry out labor activities;
- the duration of care for a disabled person over the age of 80 years;
- other periods established in article 12 of the bill in question.
And how is the process of appointing seniority in insurance? This will be described later.
Appointment process
It was described above about the basic conditions for the formation of an insurance type experience. Articles 13 and 14 of Federal Law No. 400- enshrine the norms in accordance with which the process of calculating length of service is carried out.
The calculation of seniority should occur in a calendar order. When calculating, all periods that may legally be included in the length of the insurance type must be confirmed by special documents issued by employers or individual government agencies. The grounds for individual accounting are also confirmation of certain periods included in the length of service. The whole process of calculation, registration and confirmation of the insurance period is established by the Government of Russia.
About the amount of payments
In No. 400-FZ, Art. 15 there is a parsing of the formula, in accordance with which the size of the insurance pension is determined. According to the formula, the size of the old-age pension, loss of a breadwinner or disability is equal to the product of the individual coefficient of the pension type and the cost of one such coefficient for one day, included in one of the periods listed above.
Article 16 sets specific figures. So, if we are talking about pensioners of group III, a little more than 3.9 thousand rubles are added to the insurance type pension. The norm is fixed, in accordance with which the size of payments to the insurance pension should be indexed annually.
About appointment dates
Chapter 5 No. 400-FZ (with comments and additions from 2017) sets forth the rules governing the specific terms for the assignment of insurance pensions. Thus, article 22 refers to the day of applying for an insurance type pension. Payments, according to the law, are assigned from this day. If a citizen has not submitted to the appropriate authority any part of the documentation necessary for applying for a pension, a delay of up to three months may be assigned.
An insurance type pension may be awarded ahead of schedule only in some cases:
- in old age - from the day of dismissal from work, if the citizen applied for the specified payment no more than a month after the day of dismissal;
- for disability - on the day a citizen is recognized as disabled, if the appeal occurred no later than a year from the indicated day;
- on the death of the breadwinner - if the appeal was filed no later than a year after the death of the breadwinner was confirmed.
Disability pension payments are established for the period when a citizen is recognized as disabled. Payments on old age or in connection with the loss of a breadwinner are always unlimited.