In accordance with the applicable laws and regulations (normative legal act), every citizen, subject to certain conditions, has the right to receive pension payments. They are carried out including at the expense of the funds that make up the insurance part of pension contributions. In recent years, legislation in this area has been undergoing constant changes. In this regard, citizens have more and more ambiguities. Recently, for people who have reached a certain age, the question of how to get the insurance part of the pension at a time becomes more and more urgent. Often confused with funded.
To understand whether it is possible to get the insurance part of the pension, and how to do it, it is worth considering how it is generally formed and when payments are made. This will be discussed in this article.
From what means is a pension paid?
Along with reaching retirement age (this includes early retirement), a person acquires the right to charge him monthly payments, the source of which are:
- insurance funds;
- funds of the funded part ;
- fixed payment at the expense of PF funds.
At the same time, the possibility of generating pension payments at the expense of accumulated funds is provided only for citizens who had accumulated funds on their individual account at the time of retirement , i.e., during the period of employment, the employer or the employee himself had to make certain deductions. Only in this case, the question of how to receive a lump sum payment of the insurance part of the pension will be relevant.
General requirements for recipients
Federal Law No. 400 provides for the following types of insurance pension:
- in old age - assigned to citizens upon entering a well-deserved rest;
- on disability - established for citizens who, in accordance with the conclusion of the medical and social examination, have been assigned one of the existing disability groups, including for citizens with an unlimited group;
- by the loss of a breadwinner - assigned to disabled dependents who have lost a family member whose maintenance such citizens were until his death.
Where to get the insurance part of the pension, and who and in what cases can count on it, depends on the type of payment. On the basis of the same law, the general conditions for determining the payment, which are mandatory for each of its types, are determined. Article 4 denotes persons having common grounds for receiving an insurance pension. The law includes the citizenship of the Russian Federation and an individual insurance account opened in the name of a citizen. In addition to Russian citizens, foreigners and stateless persons can count on it, provided that they live on the territory of the Russian state.
Old-age insurance pension
Prior to the introduction of the latest changes, the right to receive payments upon reaching retirement age arose: for women - from fifty-five years old, for men - from sixty. In connection with the latest legislative changes, the age has been increased to 60 and 65 years, respectively.
At the same time, the period of insurance required for the appointment of a pension is fifteen years, and the required value of the IPK is thirty.
It is important to note the following current issues:
- increased retirement age does not apply to all categories of citizens, since the pension reform adopted by the Government of the Russian Federation provides for the gradual transition of Russians to the new system;
- the right of certain categories of persons is still retained, allowing early retirement (for example, after seniority), this category of people often has the question of how to get the insurance part of the pension to a working pensioner, because after receiving the service people continue to work;
- as of 2018, the required value of the length of service is nine years, the required value of the IPC is 13.8.
Such exemptions are associated with the gradual transition of the existing pension system to a new level, the full completion of which is planned no earlier than 2025.
Disability Benefit Assignments
How to get the insurance part of a disability pension and in what cases can I count on it? When assigning this type of payment, a prerequisite is the following: recognition of a citizen as a disabled person, regardless of the group established for him and the reasons for his assignment.
At the same time, a citizen who does not have at the time of applying for the appointment of a pension of seniority, is assigned social singing on disability. The main differences between these types of pensions are in the amount of the assigned monthly payment and the frequency of its indexation, in connection with which citizens who worked before the onset of disability have clear advantages over disabled people who did not work. This advantage consists in the presence of seniority and insurance contributions deducted during the period of employment.
Assignment of survivor benefits
Can I get the insurance part of the deceased's pension? In case of assignment of this type of payments, the status of the person applying for its appointment is taken into account. In this connection, only disabled dependents of a deceased citizen from among his family members are granted this right. At the same time, the dependent does not have the right to claim this payment, having committed an act in accordance with the Criminal Code of the Russian Federation with respect to his breadwinner, which entailed his death. Recognition of a citizen as missing in court is considered as the loss of a breadwinner and entails the same legal consequences as his death.
At the same time, the law indicates that the appointment of this type of pension is made regardless of the period of work of the deceased breadwinner, and in his absence, the dependent is entitled to rely on the grant of social benefits.
The procedure for calculating and paying insurance pension
Federal law does not limit the time persons entitled to apply for such a payment. They have the opportunity to apply at any time after the occurrence of such a right. How to get the insurance part of the pension?
Subject to compliance with the mandatory requirements, on the basis of a written application, the amount of payment payable monthly is calculated. This is the main way to get the insurance part of the pension.
For the calculation, an individual coefficient (IPC) and its cost (SEC) are used. Based on these indicators, the calculation formula is as follows:
Insurance pension = IPK * SPK + FV (fixed payment).
At the beginning of the current year, the actual value of the pension point value and fixed payment amounted to 81.49 rubles and 4982.90 rubles, respectively. In turn, the number of points depends on the seniority of the pensioner and the amount of insurance contributions transferred by his employers.
The fixed payment provided as a supplement to the amount of the accrued pension, as well as the value of the individual pension coefficient, are annually indexed by the state.
Terms of appointment
Depending on the type, the terms and methods of how to get the insurance part of the pension are somewhat different. Art. 22 of the Federal Law No. 400 provides for the following payment periods:
- If the basis for the assignment of pension accruals is age, payments are established for an indefinite period, that is, indefinitely.
- For persons with disabilities, a pension is granted for a period established by medical and social expertise. If this period is not defined, a citizen is entitled to apply for old-age payments upon reaching retirement age and choose one of the types prescribed by law.
- The duration of the payment of the survivor's insurance pension is equal to the period during which the recipient is considered incapable of work, and if there are grounds for it, the pension is granted indefinitely.
Is it possible to get the insurance part of the pension for the military?
Not so long ago, representatives of law enforcement agencies, receiving a length of service, went on a well-deserved rest and were entitled to only one state payment, as provided by law. Upon reaching retirement age, according to general rules, they could reissue their military pension to civilian, but they did not have the right to claim two payments at once. Later, the Constitutional Court of the Russian Federation recognized this norm as unlawful. Since 2008, upon fulfillment of the conditions stipulated by law, military personnel are entitled to additional payments upon reaching retirement age. The required length of service has been taken into account since 2007. The ways to get the insurance part of the pension to a pensioner of law enforcement agencies are no different from civil ones. The action is carried out on the basis of Federal Law No. 400.
How to get the insurance part of the pension at a time?
Does the current legislation generally allow for such a payment? A detailed study of the provisions of the current law “On Insurance Pensions” shows that pension insurance excludes the possibility of receiving insurance contributions deducted during the period of employment. Such an opportunity, provided there are grounds established by law, is provided only within the framework of the funded system. The same applies to the question of how to get the insurance part of the pension after the death of the testator. Successors in certain situations have the right to receive it.
The concept of funded pension, the methods of its formation and the order of appointment
The structure of the insured person’s personal account contains a special part on which contributions deducted to the funded part of the pension are taken into account.
The pension system at the expense of additional funds of citizens started in 2002 and currently continues to exist. A significant difference between the initial system and the current one is in the order of accumulation of accumulations, in particular, at present, the list of funds that are the source of such accumulations has been significantly narrowed.
Today, the funded pension is formed at the expense of funds voluntarily transferred by the insured person, as well as funds allocated by the state to recipients of certificates for maternity capital. In addition, the composition of the future pension includes profit earned by NPFs as a result of investing funded contributions from citizens.
The general grounds for assigning a funded pension coincide with the general grounds for assigning insurance types of pensions. An additional requirement is the following: the presence on the account of the insured person of funds accumulated during the period of employment. A funded pension is the own funds of each individual citizen, the right to receive which is subject to the conditions established by the Federal Law “On funded pension” (No. 424- dated 12.28.2013). These include the following:
- achievement of retirement age, including by persons entitled to early appointment of pension payments;
- the citizen’s accumulated funds in an amount exceeding five percent in relation to the calculated amount of the insurance pension, taking into account an additional fixed payment.
Subject to the above conditions, a citizen going on a well-deserved rest has the right to apply for a funded pension regardless of whether he has been assigned other types of pension payments or not.
The amount of payments that will be made from the pensioner's savings is calculated according to the formula: funded pension = citizen's pension savings: the number of months in which funds are expected to be paid.
Thus, monthly payments to the main pension from the funds accumulated over the course of a lifetime are good financial support for retired citizens.
Lump sum payment of accumulated funds
The procedure for payment of funds accumulated by a citizen provides for several options that allow you to receive funds in parts or at a time:
- Urgent payments imply a monthly payment of the funded part for the period selected by the pensioner. At the same time, the minimum payment period may not be less than ten years. In the event of the death of the recipient, the remainder of the funds shall be inherited by his successors in accordance with the lifetime order of the testator or in the manner prescribed by the civil legislation of the Russian Federation.
- An unlimited pension is possible if there are sufficient funds on the pensioner's account for its purpose. In this case, after the appointment of a pension, the remainder is not inherited.
- Article 6 of the federal law “On funded pension” allows for the lump-sum receipt of accumulated funds, provided that their amount is insignificant (less than five percent) in comparison with the calculated value of the old-age insurance pension, taking into account a fixed payment.
- A lump sum payment of funds accumulated by the insured person is possible by inheritance. At the same time, the sums of the funds of the maternity capital and the income from investing funded contributions are deducted from the inherited amount. The first amount is returned to the state, the second remains at the disposal of the NPF (insurer, management company).
These provisions do not apply to the issue of how to obtain an insurance pension. A one-time payment can be calculated only from the funded part.
Conclusion
Summarizing the opportunities available, the answer to the question of how to get the insurance part of a pension to a pensioner is as follows: contributions paid during the period of employment can be returned only within the framework of voluntary pension provision, which provides for the periodic deduction of earned funds to the funded part.