Federal law of labor pensions in the Russian Federation. Law on labor pensions in the Russian Federation

The Law on Labor Pensions regulates the procedure for obtaining pensions for a special category of citizens. This article will discuss Federal Law No. 173-ФЗ dated December 17, 2001, as well as some other laws in the field of pension provision.

Important! It should be noted right away that Federal Law No. 173-FZ of December 17, 2001 "On Labor Pensions in the Russian Federation" does not apply since January 01, 2015. An exception is the rules governing the calculation of the size of labor pensions and those that are used to determine the size of insurance pensions.

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The law refers to employees who have already reached retirement age and have the length of service provided by law. Also, the law establishes the types of pensions and categories of citizens who can receive them.

In addition, the law on labor pensions regulated the following issues:

• conditions for receiving pension benefits and the procedure for its accrual and delivery;
• the procedure for calculating deductions from pension payments;
• the procedure for calculating directly pension amounts.

Labor Pension Law - Structure of the Regulation

The document consists of 7 chapters and 32 articles:
Chapter I. General Provisions

• Article 1. Legislation of the Russian Federation on labor pensions
• Article 2. Basic concepts used in this Federal Law
• Article 3. Persons entitled to a labor pension
• Article 4. Right to choose a pension
• Article 5. Types of labor pensions
• Article 6. Financial security for the payment of labor pensions (parts of an old-age labor pension)

Chapter II. Conditions for Granting Labor Pensions

• Article 7. Conditions for granting an old-age labor pension
• Article 8. Conditions for granting a labor disability pension
• Article 9. Conditions for granting a labor pension in case of loss of breadwinner

Chapter III. Insurance experience

• Article 10. Periods of work and (or) other activities included in the insurance experience
• Article 11. Other periods included in the insurance experience
• Article 12. Procedure for calculating the insurance experience
• Article 13. Calculation rules and procedure for confirming the insurance experience

Chapter IV. The size of labor pensions

• Article 14. Amounts of old-age labor pensions
• Article 15. Amounts of labor disability pension
• Article 16. Amount of labor pension in case of loss of breadwinner
• Article 17. Determination, recalculation, indexation and adjustment of the size of labor pensions
• Article 17.1. The share of the insurance part of the old-age labor pension, established to the seniority pension by the federal state civil servant
• Article 17.2. The share of the insurance part of the old-age labor pension, established for the seniority pension to citizens from among the employees of the flight test personnel

Chapter V. Appointment, recalculation of amounts, payment and delivery of labor pensions

• Article 18. The procedure for assigning, recalculating the amount, payment and delivery of labor pensions
• Article 19. Terms of assignment of labor pension
• Article 20. Terms of recalculation of the size of the labor pension
• Article 21. Suspension and resumption of payment of labor pension
• Article 22. Termination and restoration of payment of labor pension
• Article 23. Terms of payment and delivery of labor pension
• Article 24. Payment of labor pension to persons leaving for permanent residence outside the territory of the Russian Federation
• Article 25. Responsibility for the accuracy of the information necessary for the establishment and payment of a labor pension
• Article 26. Deductions from labor pension

Chapter VI. The procedure for preserving and converting (transforming) previously acquired rights

• Article 27. Retention of the right to early assignment of retirement pension
• Article 27.1. Early assignment of retirement pensions to citizens from among the employees of the flight test personnel
• Article 28. Retention of the right to early assignment of a labor pension to certain categories of citizens
• Article 28.1. The summation of the length of service in the relevant types of work and the reduction of the age giving the right to a labor retirement pension for persons who worked in the regions of the Far North and equivalent areas
• Article 29. Recalculation of the size of labor pensions according to the documents of the pension file
• Article 29.1. The amount of the estimated pension capital of the insured person, taking into account which the size of the labor pension is calculated (the insurance part of the labor old-age pension)
• Article 30. Assessment of pension rights of insured persons
• Article 30.1. Valorization of the amount of the estimated pension capital of the insured person, calculated when assessing his pension rights
• Article 30.2. Determination of the size of the labor pension, taking into account the amount of valorization
• Article 30.3. Recalculation of the size of the labor pension due to a change in the amount of the estimated pension capital calculated when assessing the pension rights of insured persons, and (or) a change in the amount of valorization

Chapter VII. Procedure for the Enactment of this Federal Law

• Article 31. Entry into force of this Federal Law
• Article 32. Entry into force of the expected period of payment of labor pension established by this Federal Law

Important!The provisions of the law on labor pensions lost their force after the amendment of the legislation. For example, after the entry into force of the norms of the law on insurance pensions, the norms of the law under discussion are valid only in the part that does not contradict this innovation.

Changes in pension legislation

In 2004, the Supreme Court adopted a ruling according to which every citizen of the Russian Federation has the right to expect that a pension will be awarded in accordance with the norms of the legislation that was in force during the period of employment. That is, if a citizen has found all the pension reforms taking place from 1990 to 2015, then the assignment of a pension will take place on the basis of all three laws.

With the pension reform of 2015, two new federal laws came into force at once - On Insurance Pensions and Funded Pensions, respectively, the Law on Labor Pensions, for the most part, ceased to be in force.

Federal Law No. 400-FZ "On Insurance Pensions"

The law on insurance pensions was adopted in connection with the need to create an appropriate base for each type of pension. The main change concerned the conditions for granting old-age insurance pensions, where significant changes took place:

• instead of the previously required 5 years of experience, an annual system of increasing long-term experience from 6 (2015) to 15 years (2024) was introduced;
• there was a concept - a fixed payment instead of the previously existing "fixed base size";
• the influence of the individual pension coefficient appeared, the value of which should be at least 30 at the end of the transition period.

Also, the law on insurance pensions provides for an increase in the fixed payment in the case when a citizen does not retire voluntarily, when he is already entitled to it.

Federal Law No. 424-FZ "On funded pension"

The funded pension is a monthly cash payment calculated based on the funds in the special part of the personal account of the insured persons. According to Article 4 of this law, citizens who have an amount equal to at least 5% of the amount of the insurance pension on their main personal account in a special part of their personal account have the right to a funded pension. In the event that a person has an amount of less than 5% of the amount of the insurance pension on the savings account, the citizen has the right to receive this entire amount in full (at a time).

The legislative document establishes that the amount of the funded pension can be increased with the help of additional contributions and contributions at the initiative of the employer, additional payments of maternity capital, as well as through the pension co-financing program.

Federal Law of December 17, 2001 N 173-FZ "On Labor Pensions in the Russian Federation" defines the standards that form data on the calculation of the amount of pensions, both for old age and benefits. Note that the basic standards of this legislation are not used today, except for the rates of the tariff plan.

Peculiarities of calculating pensions under the old-age pension law

1. The legislator determines that everyone has the right to receive an old-age pension. It has been established that men can receive a pension at the age of 60. And women from 55 years old. That is, certain standards are formed that determine at what age a person has the right to apply for a pension, and the state must start accruing funds;
2. Old-age pension insurance can be awarded only if a person has worked for at least 15 years. That is, in other words, he has 15 years of insurance experience. Thus, the legislator points out that there are also standards for the length of service. If the length of service is less than the specified parameters, then the labor pension may not be calculated;
3. An old-age insurance pension can be accrued only if the value of the individual pension coefficient is at least 30. That is, the parameter of deductions of insurance premiums for compulsory pension insurance is still essential;
4. It should be pointed out that the legislator establishes a whole structure for providing pensions on the basis of compulsory pension insurance. Also, there is such a thing as voluntary pension insurance, which can be used by almost everyone at their own will. Thus, in the future, you can receive a more substantial amount of pension.

The importance of pension regulation

Federal Law of 17.12.2001 N 173-FZ "On labor pensions in the Russian Federation" is currently applied only partially. Only standards are used, ...

Since January 2015, many changes have been made to Russian legislation. The innovative approach, which marked the new law on pensions, has changed the principle of calculation that is familiar to citizens. The score-based and multiplier-based order introduced in 2015 is unfamiliar and still needs clarification. To understand the new system of forming pension accruals, one should understand what changes the pension legislation of the Russian Federation has undergone since 2015, what the pension now consists of, and whether new reforms should be expected.

Pension reform laws

For a quarter of a century, three attempts have been made to completely change the Soviet approach to the formation of citizens' pensions. During this period, four main legislative acts were developed:

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Each of the documents underwent revisions in the process of use, and finally, in 2015, the reform process took its final direction.

Two basic laws that have made major changes in the pension legislation of the Russian Federation are closely related to the laws on compulsory insurance (Federal Law No. 167 of 12/15/01 and Federal Law No. 360 of 11/30/11), in the system of which there have also been changes.

To understand how the pension system has changed, one should look at the rules that existed before the implementation of the last reform.

Legislation before reforming the pension system

The main pension in Russia until the changes in the legislation in 2015 remained the labor pension.

She was appointed:

• by old age, depending on the length of service;
• on disability, when a person has lost the ability to work fully;
• on the loss of the breadwinner, if the citizen was dependent on the deceased until the moment of death.

Payments were made on a monthly basis, and the calculation and receipt procedure was based on federal law 173 on pensions (12/17/01).

The criteria for starting age payments were:

• reaching 60 years for men;
• achievement for women - 55 years;
• more than 5 years of experience.

The amount of payments depended on:

• from the period of continuous work experience during which insurance premiums were deducted from the PFR;
• from indexing;
• from additional circumstances that make it possible to recalculate the total amount of payment (for example, awards and titles served as an increasing coefficient).

In addition to the above types of pension appointments, it was possible to retire on the basis of "seniority," that is, until the retirement age. The allowable period of retirement in this case depended on the field of activity of the citizen.

Calculation formulas were based on such indicators as:

1. established minimum size;
2. the total amount of savings;
3. estimated period of payments;
4. additional factor.

With regard to state provision for old age, pension legislation allowed the division of pensions into insurance and funded parts. Both parts were paid at the same time.

New pension reform in 2015 in Russia

The main difference of the new system was the abolition of the old format for calculating pension provision.

Important! Labor pension, as well as seniority, were excluded from the formula and replaced with new indicators.

Since 2015, the funded and insurance parts have become separate units. In addition, an individual coefficient was introduced into the calculation - a point. The point system has become the basis of the insurance pension.

It allows you to:

• take into account more fully the periods of employment of citizens;
• gives independence from forced interruptions in work;
• takes into account various types of activities, classifying them as employment.

The general principle for the formation of an insurance pension, from the amount of which compulsory state security is determined, is the payment by a citizen (or authorized persons) of insurance contributions to the Pension Fund before reaching the established retirement age. The funded pension, introduced as a separate amount, was created for the purpose of generating additional funds, which a citizen could regulate independently.

Initial reform:

• made it possible to contribute personal savings to the funded part;
• allowed to manage this type of capital, trusting to use it for investment purposes to third-party accredited organizations;
• provided government compensation allowances (co-financing).

It is on this part of the reform that the crisis years most of all affected. They also provoked changes in the continuation of the annual indexation of the insurance part of pension savings and influenced the opinion of legislators about the retirement age.

Changes in pension legislation

How the approach to calculating pension payments has changed becomes clear when analyzing the latest laws.

On insurance pension (Federal Law No. 400)

Since 2015, the insurance part of the pension consists of a fixed amount, calculated:

• from the duration of the total insurance experience;
• based on retirement points.

To receive an old-age pension, the Law on Insurance Pensions No. 400 obliges a citizen to:

• reach the established age;
• have an insurance experience of more than 15 years;
• have a retirement individual pension coefficient (IPK / point) of at least 30.

The federal law on insurance pensions includes:

• official work on the territory of the Russian Federation (and outside it, if it is determined by the legislation of the Russian Federation);
• years of service in the armed forces, the Ministry of Emergency Situations and the internal affairs bodies of the Russian Federation;
• time spent caring for children under 1.5 years of age (the period is taken into account if in total it has not exceeded 6 years);
• periods of temporary incapacity for work, due to health or due to circumstances (if at the specified time the citizen received benefits or compensation for illness, unemployment, relocation, etc.);
• periods of unjustified detention in places of deprivation of liberty;
• time spent caring for a disabled person of any age and a pensioner over 80;
• the time spent by the spouses of the military if there is no opportunity to find a job on the territory of the spouse's service (a period with a total duration of up to 5 years is taken into account);
• the time of work of citizens and the residence of their spouses abroad, associated with the performance of international public service (a period of up to 5 years is taken into account).

For example, this is established for people who worked in the Far North or for a long time (more than 30 years) who gave to agriculture. The list of professions and conditions is approved by the Government by separate provisions. In addition, citizens who have reached 80 years of age are entitled to an additional coefficient that doubles the size of the insurance part.

All these nuances are designed to take into account the point system. At the same time, to calculate individual pension coefficients / points, the duration of work after reaching the retirement age is taken into account.

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On funded pension (Federal Law No. 424)

The funded part of the pension is now regulated by a separate document. At the same time, it is closely intertwined with the Federal Law on insurance pensions:

• funds are stored and accumulated on the personal account of the insured person;
• the grounds for granting a pension are the same as provided by the law on insurance pensions (including early appointment);
• only those citizens have the right to a monthly payment from the funded part, the amount of funds on the personal savings account of the insured person who is equal to or exceeds 5% of the amount on the insurance account;
• if the savings account contains an amount less than 5% of the insurance pension, the citizen has the right to receive it in his hands at a time.

You can increase the size of payments using:

• additional contributions sent by the employer at the request of the citizen (the possibility existed until 2016);
• replenishment of the account with personal savings;
• increasing the amount at the expense of maternity capital or part of it;
• participation in co-financing programs;
• transfer of funds to experienced funds for subsequent investment.

Despite the fact that a citizen accumulates this type of pension himself, he can dispose of it before his official retirement quite conditionally:

• more conservative citizens were asked to leave funds under state control, where the accumulated amount will be more protected, but one should not expect high returns from investment;
• it is more risky to give funds under the management of non-state pension funds, where you can count on a higher profitability from investment transactions, while there is a likelihood of losing the entire amount of income (funds received in the account are saved in any case, only the income received from them is at risk) ...

In addition, this type of pension, unlike insurance, is allowed to inherit.

On raising the retirement age (Federal Law No. 143)

Changes in the pension legislation have not bypassed the topic of the age of pensioners. Since 2017, according to the document, the terms of retirement have been changed for those categories of citizens who are employees in state and municipal departments. The document applies only to those employees who are just going to retire.

• the retirement age from 2017 will be from 60 to 65 years, and the increase will be phased;
• for certain positions, the age is immediately increased to 65;
• executives have a possible retirement age of 70 (with a phased extension);
• the term of the seniority pension has changed (to receive a pension on this basis, it will be necessary to work not 15, but 20 years).

Forecast of the further existence of the current pension system

Already in 2016, the government forced the government to make unplanned changes to the pension program. There was a deficit in the funds for the formation of the pension fund. The main factor behind the changes was the need for savings and new options for replenishing the budget.

This expressed itself:

• in the abolition of the annual indexing of pensions and replacing them with a compensation payment (indexing was not canceled for some categories of citizens, but they were seriously curtailed);
• if until 2016 it was possible to send a part of insurance contributions in the amount of 6% to a funded pension, now contributions to it are voluntary (employers transfer all funds for citizens only to the funds for the formation of an insurance pension until 2020 inclusive);
• now workers in hazardous industries will not be able to retire early, as it was before.

It is still unclear whether the crisis forced such steps or the calculation of the program's work was initially incorrect. What is new in the pension legislation that has been observed over the past two years does not make it possible to make positive forecasts regarding the pension reform.

Of the pluses left over from the original 2015 pension reform, we can list the following:

• the funds formed in the accumulative accounts of pensioners until 2016 have been preserved and are still being invested;
• you can give savings under management at your own discretion;
• the annual adjustment remained, which depends on the reduction in the expected payment period;
• continuing to work after the onset of retirement age allows you to increase the amount of payments by increasing the IPC.

Having conceived a reform corresponding to the spirit of the times, the legislators hinder its development, and each subsequent law on pensions levels the achievements of 2015, when the reform took an active start. At present, the Russian government is discussing the possibility of further reforming the pension system.

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May 28, 2017, 12:19 pm Mar 3, 2019 13:48

The 2015 pension reform is a kind of next step in the development of the pension system and the legislation that regulates it. However, now both analysts and ordinary citizens are facing an increasingly acute question: was this a step backward? Has the pension system gone in the right direction? Of course, there is no clear, and most importantly, correct answer to this question.

In order to understand the essence of this reform, it is necessary to analyze the legislation that regulated the pension system until 2015, and then assess how it was changed by the new laws in force.

Legislation before reforming the pension system

Before the introduction of new laws (we will consider it as the most common in the Russian Federation), it was calculated and appointed in accordance with Federal Law of December 17, 2001 N 173-FZ. Based on this document, this can be defined as a monthly cash payment assigned to insured persons who have lost their ability to work in connection with, or if they were such persons (breadwinners) and have ceased to receive livelihood due to their death.

When considering the pension system until 2015, one should take into account the fact that it was a single payment consisting of insurance and funded parts.

Law N 173-FZ "On Labor Pensions in the Russian Federation"

As mentioned above, the main document until 2015 was the Federal Law "On labor pensions in the Russian Federation"... Everything related to payments and the conditions under which the appointment took place was contained in it. For a better understanding of the changes brought about by the pension system reform in 2015, it is worth identifying the main points that are reflected in this document.

Types of labor pensions:

• - this type of pension payments is assigned to persons to whom it was established disability;
• - paid to disabled dependents of insured persons in the event of their death;
• - assigned to men and women 60 and 55 years old, respectively, if they have insurance experience of at least 5 years.

It is also worth noting such a concept as - the period during which the Pension Fund of the Russian Federation (PFR) received.

An important factor was, among other things, the indexation of the size of the labor pension, the possibility of early access to it for certain categories of citizens, as well as the implementation of the recalculation of the amount of payments in case citizens have circumstances for this.

Until 2015, the main components of the formulas for calculating labor pensions were such values \u200b\u200bas: the base size, the amount of pension savings, the expected payment period and the coefficient (length of service in months / 180 months).

New pension reform in 2015 in Russia

From 2013 to the end of 2014, the State Duma developed bills that were supposed to the third time (over the past 25 years) reform the labor pension system.

The main change that it brought was abolition of retirement pension as such: now, instead of two of its constituent parts, two independent pensions have appeared, the calculation and purpose of which are regulated by two different laws - this and.

In addition, the new legislation changed the formula by which the insurance pension is calculated - now it contains an individual pension coefficient (pension score or IPC), as well as its cost. It is these values \u200b\u200bthat have been decisive since 2015 when calculating insurance pensions.

Changes in pension legislation

First of all, it is worth looking at the real steps that the country's leadership has already done in this area:

• raising the retirement age for civil servants;
• freezing of pension savings;
• change of rules.

An unambiguous answer to the question "How will the pension system develop?", of course not. However, it can be seen that the Ministry of Finance and the Ministry of Labor are lobbying bills (which, according to experts, can be implemented as early as 2017), in fact, negating the advantages that could be found in the 2015 reform:

• cessation of pension payments and;
• once again planned change the procedure for forming a funded pension - now the capital for it will have to be formed from conditionally voluntary contributions.

Conclusion

The 2015 reform can be viewed in different ways: someone will see advantages in it, someone will advocate for complication. However, the only thing that citizens can do in this situation is to become more savvy in the pension sphere: read literature, follow the news, and finally, do not hesitate to seek advice from employees of pension offices.

To say with 100% certainty whether the reform of the pension system was a step in the right direction, so far no one can - even among the people who introduced these laws for consideration in the chambers of parliament, there are still disputes over whether society and the country needed it so much.

The law on labor pensions in the Russian Federation under number 173-FZ regulates all issues related to the calculation of pension payments. It establishes the legal basis for the citizens of the Russian Federation to be able to receive the corresponding charges. Also, this legal provision stipulates the procedure for the implementation of these processes.

The concept and types of pensions under the Federal Law on Labor Pensions of the Russian Federation

The presented statute on the appointment of pensions in the Russian Federation was adopted in 2001. Structurally, it consists of seven chapters, which are separated by 32 articles. Thematically, they include the following sections:

• general provisions give definitions to the basic concepts used in the article, establish the persons who have the right to these pension payments, and also determine the types of payments;
• the conditions for the implementation of accruals establish the legal framework for each type of pension provision;
• insurance experience stipulates the required period for receiving payments, the procedure and system for their calculation;
• the amount of compensation is also subdivided depending on their type, the share of the insurance part is established;
• further, the procedure and procedure for accrual is established, as well as all issues related to recalculations and delivery;
• the procedure for preserving rights previously obtained under current legislation is established.

In accordance with the main types, pension benefits can be calculated on the following grounds:

• old-age labor pension;
• on disability;
• in case of loss of a breadwinner.

All four articles ultimately discuss the following categories of the population who can count on the early registration of old-age pension payments:

• conditions for early compensation for men and women involved in difficult working conditions;
• assignment of retirement benefits to flight test personnel;
• certain categories of citizens who, due to health or social status, can count on an early appointment procedure;
• employees of the Far North and equivalent areas are negotiated separately.

The provisions of these articles regulate the legal aspects of early appointment and the procedure for providing pension payments. Their constant revision and amendments provide up-to-date information on the situation with these charges.

As a result, in the latest edition of Articles 27 and 28, together with additional ones, they are lists of categories of citizens. It is this category that can count on early retirement benefits.

Law 173-FZ on labor pensions in the Russian Federation in the latest edition

Amendments to the Federal Law on Labor Pensions of the Russian Federation were introduced throughout the entire period of its validity. The latest edition offers the opportunity to obtain complete and up-to-date information on the statute.

For convenience, the document below contains links that provide access to related acts. This allows you to visually receive complete information on emerging issues. You can also use them to study the procedure for making changes and their content.

The latest version of the Law 173-FZ was amended in November 2015 according to the Resolution of the Constitutional Court of the Russian Federation. If we talk exclusively about the wording of Federal laws, then the last change in them falls on June 2014.