Federal law on labor pensions in Russia. Federal Law "On old-age pension" in the Russian Federation

Each working person, throughout all working years, is obliged to pay contributions to social and insurance funds Russian Federation. Contributions are made to receive a pension upon reaching a certain age and insurance experience. All the nuances regarding the amount of pension payments and the method of their calculation are described in Federal Law No. 400.

Article 18 Federal Law No. 400 specifies the conditions for indexing the pensions of working pensioners. Recalculation (increase, decrease) of payments is made according to the formula:

SPst \u003d SPstp + (IPKi / K / KN x SPK), where

• SPst - the amount of payments for old age, disability, on the occasion of the loss of a breadwinner;
• SPstp - the established amount of the pension on July 31 of the year in which the calculation is made;
• IPKi - individual pension coefficient;
• K is a special coefficient;
• КН - the second special coefficient;
• SPC is the cost of one pension coefficient.

By law, the minimum pension is set on the basis of the subsistence minimum. Therefore, according to the legislation, it cannot be lower than the established subsistence minimum.

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Insurance payments are assigned within certain periods established by the law of Russia:

• old age benefits are calculated from next day after leaving work. You must apply for this pension within the maximum period of 30 days after dismissal;
• disability insurance payments are assigned from the day the person was recognized as disabled, if he or his representative applied for accrual within a year from the date the fact of disability was established;
• in order to receive a survivor's pension, according to the law, one must apply within a year from the date of death of the person.

All the nuances of calculating pensions and their payments are detailed in Law No. 400. You can familiarize yourself with the latest version of the Federal Law "On Insurance Pensions". You can consider in detail the changes made, according to Law No. 143, at

Russian legislation contains a lot of regulations governing the methods and procedures social protection citizens. On two such documents, and more specifically on the Federal Law of the Russian Federation, which regulate the procedure for payments and accruals for labor and insurance pensions, we propose today to dwell in more detail.

Federal law on labor pensions in the Russian Federation

For a long time in Russia, only the Federal Law of the Russian Federation on labor pensions in the Russian Federation of December 17, 2011 173-FZ was actively used. The law regulated the pension accruals, retirement age, etc. important points for state support relatively carefree old age.

In 2013 pension system Russia and all its federative regions have undergone significant changes, and since January 2015, Federal Law No. 173, which regulates the procedure for entering seniority and related charges, has been used only in extreme variations. It was almost completely replaced by a new bill: Federal Law of the Russian Federation 400, which regulates the procedure for insurance pensions, adopted in December 2013.

The new government project has completely changed the concept: if earlier for pension accruals, state bodies were guided exclusively by work experience, then today it does not have such a value, now insurance is taken into account, i.e. periods when a citizen of the Russian Federation made contributions to the FIU (insurance contributions are taken into account). We offer to delve into the main theses and concepts.

Law 400-RF on labor pensions in the Russian Federation in the latest edition with comments

This Federal Law of the Russian Federation, which regulates the procedure for labor accruals, establishes:

1. General provisions and concepts.
2. Types of pension accruals:
   old age;
   by disability;
   by the loss of a breadwinner.
3. The main interpretation of the concept of "insurance experience".
4. The order of pension accruals, according to this value.
5. Sizes and formulas of accruals.
6. The right to early retirement.
7. Delivery of payments, the procedure for retirement according to the length of service and other points.

In fact, this Federal Law largely repeats the previous bill (on labor accruals), however, the comments on each of his articles explain the main difference, and give an understanding of their complete difference. The most important theses are fixed in part of this Federal Law, which regulates the procedure for accounting (introducing) the insurance period. In particular, to such, in addition to working hours, taking into account constant contributions to the Pension Fund of the Russian Federation, include the following list:

• the passage of military or equivalent service;
• payment of benefits for temporary disability;
• care for each born or adopted child (here it is specified: this period in the total calculation should not exceed 6 years);
• the periods that the citizen was listed in the employment service;
• periods during which citizens were in custody or served a sentence, but subject to their further rehabilitation;
• periods of care for a citizen over 80 years old, or for a disabled person of group 1, incl. the time spent caring for a disabled child is taken into account;
• periods during which the family of a military contractor was not able to find a job and with the condition that at that time they stayed with him at his place of service;
• time of diplomatic work abroad of the Russian Federation (maximum - 5 years).

The provision of the Federal Law states that all these periods are taken into account to provide citizens with state insurance pensions only if before and after them the relevant person regularly made (without deduction) insurance transfers to the FIU. You can read the full text of this draft law or download it online with additions and comments on specialized resources, for example, on the Consultant Plus portal.

By the way, you can find the law on insurance pensions in the Russian Federation 2017, in force, with comments, in the following article.

173 FZ latest changes for today and comments

This Law 173 of the Russian Federation on labor pensions in the Russian Federation in the latest edition from the beginning of 2015 (more specifically, from January) is no longer applicable. The exception is chapter number two, paragraphs and subparagraphs regulating the procedure for pension accruals (in this version of labor) for the further possibility of determining the length of service, but only in the part that does not conflict with Federal Law No. 400 of the Russian Federation.

This law (FZ No. 173) divides the labor pension into two parts: funded and insurance. Citizens collect the first part on their own on their own account, the second is guaranteed by the state, so experience is important for it. The new version also contains information about a reduction in the allowance for working pensioners, but they only apply to those who have an average annual income of more than 1 million rubles.

October 3, 2018 Vladimir Putin signed an increase retirement age in Russia, which was adopted by the State Duma on September 27 in its final form, taking into account the recommended amendments. The main one is to increase the retirement age for Russians by 5 years - that is from 60 to 65 for men and from 55 to 60 for women. The transition to new values ​​is proposed to be carried out gradually, starting already from January 1, 2019.

The retirement age will increase annually for 1 year with the exception of those Russians who will reach the old retirement age (60 / 55 years) in the next 2 years - in 2019 and 2020. For them, in order to mitigate the consequences of the reform, a new retirement age (for example, in 2019, the retirement period for women and men will increase by only 6 months instead of 1 year).

With text Law of October 3, 2018 No. 350-FZ on raising the retirement age, which has already been signed by the President and officially published, can be found below. The main provisions of the new reform come into force on January 1, 2019.

It is worth noting that the consideration of the bill caused a lively debate among the deputies of the State Duma, however, in all readings, the document was adopted by majority vote(first of all, thanks to the support of the United Russia faction, which has a parliamentary majority).

Changes in pension legislation since 2019

New law on pensions from 2019 contains adjustments to the retirement age for future recipients of the following types of pensions:

Legislative changes are being implemented from January 1, 2019 with a transitional period during which the value of the retirement age will gradually change until it reaches the value established by law. However, adjustments will be introduced for civil servants one year later - from 2020, since for them this process has already been going on for several years - from January 1, 2017 in accordance with a similar law No. 143-FZ of May 23, 2016 2020).

It should be noted that all proposed changes in pension legislation since 2019 will not touch those citizens of Russia who already receiving a pension- the new measures are aimed only at extending the “working period” for future pensioners, who should reach retirement age from 2019.

Entry to the old-age insurance pension from 2019

From January 1, 2019, the release dates for . Initially, the Government, under the new law, taking into account the transitional provisions, planned to establish new age retirement - for men 65 years old, for women 63 years old. However, at the suggestion of the President, the age for women was reduced to 60 years, i.e. as a result, the increase for men and women will be the same - for 5 years.

And this increase will happen in stages - with an annual increase of 1 year(and taking into account the adopted presidential amendments - except for the first two years of the new law: 2019 and 2020) until the final norms established by the new law for men and women are reached in 2023 (60 years for men and 55 years for women).

To determine the year of granting an old-age pension under the new law, you can use the data presented in the table:

Table - Retirement from 2019 by year

Note: The table has already been adjusted taking into account the final content on raising the retirement age, adopted by the State Duma in the third reading at a meeting on September 27, 2018 and signed by the President on October 3, 2018.

Thus, the following conclusions can be drawn:

• Changes under the new law will apply to all citizens of the Russian Federation who were supposed to retire on old age starting from 01/01/2019 - that is women born in 1964 and men born in 1959.
• Within 5 years, a so-called “transitional period” will operate for women and men, within which the retirement age will increase annually by 1 year(except for the first two years of the transition period, when it will be possible to retire six months earlier).
• For women from 1968 and men from 1963, already final values ​​- 60 and 65 years. Accordingly, they will be the first in Russia to retire later for all the 5 years difference adopted by the State Duma - in 2028 instead of 2023 according to the old law (see table above).

However, the new law provides for the possibility of reducing the retirement age by 24 months. Such a reduction is established in the presence of 37 years of experience for women (provided they reach 55 years of age) and 42 years of experience for men (who have reached 60 years of age).

Preferential pensions for teachers, health workers, creative workers from 2019

Under the old law, teachers and health workers were required to have 25-30 years of work experience (depending on the place of work) for early retirement. Under the new law, the right to early appointment pensions in the presence of such length of service are preserved, but the release date carried forward 5 years after acquisition required amount years of experience. At the same time, a phased increase in the term of appointment (by 1 year annually, except for the first two years with the stipulated preferential retirement) is envisaged from 2019 to 2023 until the required value of 5 years is reached.

The terms for assigning an early insurance pension for teachers and doctors by year are indicated in the table:

Thus, from 01/01/2019, get an early insurance pension and after receiving required seniority it will be possible only after the number of years established by law: from 0.5 to 4 years in the period from 2019 to 2022 and after 5 years, starting from 2023. Also, for these categories of workers, the possibility of retirement according to the new generally established values ​​​​of the retirement age remains - upon reaching the age of 60 or 65.

For employees creative activity(in theaters and theatrical and entertainment organizations), according to the old law, the possibility of early exit, depending on the nature of the work, was provided at the age of 50-55 years with a work experience of 15-30 years. The new pension law from 2019 also establishes a new retirement age for such workers - 55-60 years old with the same seniority requirements. The increase will also take place annually for 1 year until the value provided for by the new law is established (see similar examples in the tables above).

Raising the retirement age for workers in the Far North

Until the end of 2018, for those working in the regions of the Far North (RKS) and equivalent areas (MKS), the legislation establishes the age of the right to - respectively 50 and 55 years for women and men. Unfortunately, as a result of the pension reform for northerners, changes in the retirement age will also be provided - respectively up to 55 and 60 years.

Such measures in the Government are explained by the changed situation in the northern regions of the country: infrastructure is developing, the life expectancy of Russians is increasing and living conditions are improving.

Until the establishment of new values ​​for employees of the RC and ISS, also a transitional period: from 2019 to 2023 for men and women. During it, the standard age will increase annually by 1 year until it is set at 55 and 60 years (except for 2019 and 2020, when “preferential” retirement conditions will still be in effect).

It should be noted that changes to the assignment rules northern pensions working in difficult and harmful working conditions(underground works, hot shops, metallurgical, chemical, petrochemical industries, etc.).

Retirement of civil servants from 2019

Changes in pension legislation will also affect. For them, retirement age has already increased since January 1, 2017, but the previously adopted law provided for an increase in the value to 63 and 65 years annually with a step of six months. According to the new law, the retirement age for civil servants will increase from 01.01.2020 at the same pace as for other citizens - annually for 1 year.

The change for civil servants will take place according to the new schedule presented in the table:

Thus, the rules for changing the retirement age of civil servants provided for by the old law will be adjusted. The transitional period, during which a gradual increase in the retirement age will take place, will be reduced for women by 6 years (until 2026 instead of the previous 2032), for men - by 3 years (until 2023 instead of 2026). That is increase will be faster.

Social pensions from 2019

In addition to those already discussed above, pension reform from 2019, a number of changes are envisaged regarding the conditions of appointment, in particular social pensions old age intended for persons who have not earned the necessary.

Until 2019, they were due to persons who have reached the age of 65 for men and 60 for women (that is, 5 years later than the generally established retirement age for 2018 of 60/55 years). Under the new law, this right will only arise upon reaching 70 and 65 years(i.e. also with an increase of 5 years from the new age of 65/60 years).

At the same time, the law also provides for transitional provisions for social pensions, which establish a phased increase in the retirement age, starting from January 1, 2019(and in 2019 and 2020 preferential retirement conditions will apply, according to those proposed by the President).

All new statutory retirement ages for receiving social pensions for men and women (70 and 65 years, respectively) will be finally set from 2023.

Who will not be affected by the increase in the retirement age in Russia?

First of all, statutory changes from 2019 will not affect those who are already retired- all pensioners will continue to receive all payments already assigned to them in accordance with the rights and benefits acquired earlier.

In addition, the adopted law does not provide increasing the retirement age for certain categories of citizens:

1. Employed in jobs with difficult and harmful working conditions, namely:
   • employees in favor of whom the employer pays insurance premiums at the relevant rates, which were determined as a result of a special assessment of working conditions;
   • pilots of civil aviation, engineering staff for aircraft maintenance;
   • flight test personnel involved in testing aviation and other equipment;
   • workers of locomotive crews, workers organizing transportation and ensuring traffic safety on railway transport, in the subway;
   • machinists of construction, road, loading and unloading equipment;
   • tractor drivers working in agriculture and other areas;
   • workers in logging, timber rafting, as well as those involved in the maintenance of mechanisms and equipment;
   • truck drivers in mines, crankcases, mines, etc.;
   • in underground or open-pit mining, in mine rescue units, in the extraction of shale, coal, ore and other minerals;
   • in the construction of mines and mines;
   • in geological prospecting, search, topographic teams and expeditions, in prospecting and other works;
   • in the crew of the sea, river fleet, in the fishing industry;
   • drivers of passenger transport on regular city routes (buses, trolleybuses, trams);
   • lifeguards in emergency services;
   • working with convicts in organizations executing criminal sentences in the form of deprivation of liberty;
   • women working in the textile industry with heavy loads in conditions of increased intensity and others.
2. Citizens who are entitled to a pension for health reasons or social reasons:
   • one of the parents or guardians, who brought them up to the age of 8;
   • visually impaired people of the 1st group;
   • women who have given birth to 5 or more children and raised them up to the age of 8;
   • women who have given birth to 2 or more children and have established work experience in the regions of the Far North and areas equated to them and others.
3. Persons who have suffered as a result of man-made or radiation disasters (at the Chernobyl nuclear power plant, the Mayak chemical plant, the Semipalatinsk test site, etc.).

A complete detailed list of persons who will not be affected by the increase in the retirement age planned by the Government from 2019 is provided in (PDF file format) prepared by specialists from the Pension Fund of the Russian Federation.

Each article of this law is devoted to a certain category of citizens, for example, in Art. 14 each item contains the rules for calculating future funds, and 11 contains information on the terms of work included in the total output. As for Article 30 federal law, then we are talking about the possibility of converting pension rights. There is a standard scheme that contains the first paragraph, namely:

1. In accordance with the decision of the federal law on labor pensions, from the amount of savings that are determined for the insured person, basic part. The result obtained is multiplied by the time period for the payment of accumulated funds. This scheme, containing paragraph 1, article 30, will help calculate future pension capital.
2. It should be borne in mind that there is also a separate formula in the Federal Law to determine the estimated amount of future state assistance. Article 14 of federal law 173 will help determine the exact amount. Certain production standards have been established: 20 and 25 years - weak and stronger sex respectively.
3. The average monthly earnings are calculated for a certain time - the information contained in parts 10, 11, 12, 13 of the federal law on labor pensions will help determine the months counted in production. Salary, which is the average for the Russian Federation in the selected time period, will be deducted from this amount.

According to Art. 30, the result is multiplied by a special coefficient and the average monthly salary in the Russian Federation. This figure is 0.55 and increases due to processing - one hundredth is added for each year (the maximum increase should not be more than 0.20).

For the disabled, the coefficient will be 0.3. At the same time, a different amount of the insurance part of the future pension balance is established for them - this item is considered in detail by Article 14 of the Federal Law on labor pensions.

Special conditions

Since the adoption of federal law 173 on labor pensions, some points have been revised - each article of the Federal Law describes in detail the main mechanisms and nuances. At the same time, for persons working and living in the Far North, as well as relevant regions, there are certain calculation schemes - this is taken into account by Articles 30, and 11, and 14.

Under the standard conditions contained in Article 14, the ratio of SZ (average monthly earnings) and SZP (average monthly wages in the Russian Federation) should not exceed 1.2. But since in this case other multipliers are applied, then the calculation will be carried out in this way:

1. Not more than 1.4 - if the activity is carried out in the area in which the coefficient is set to 1.5
2. Not more than 1.7 - up to 1.8
3. Not more than 1.9 - above 1.8.

Article 30 of the Federal Law on labor pensions also implies that in some regions there may be different regional coefficients - in this case, the indicator that is relevant for employees of non-productive industries will be used.

Working out in Articles 11 and 30

Even those citizens of the Russian Federation who do not have sufficient work experience have the right to receive a pension.

By default, it is 20 and 25 years for the weaker and stronger sex, respectively. The formula uses the ratio of the required and full experience, multiplied by the actual.

It is worth noting that in more detail the periods of time taken into account in the total output are considered by paragraph 1 of Art. 11. It is worth highlighting the main ones:

1. Creative activity
2. Work outside the Russian Federation
3. Service in certain structures and in the armed forces
4. Individual activity
5. Temporary disability resulting from an injury at work
6. The period of receipt of unemployment benefits.

Federal Law 173 on labor pensions includes many points, among which it is worth paying special attention to Articles 11, 14 and 30.

Conversion

On the basis of the federal law on labor pensions, such an opportunity is provided as the transformation of rights. Accordingly, Article 30 implies that the years of activity and earnings received are converted into a certain amount. These accumulations are formed from the beginning of official activity and before the onset of 2002.

It is important to bear in mind that if serious injuries were received during the service that caused temporary disability, then the period of temporary disability will be equated to the main job. At the same time, Art. 11 and 14 confirm that the length of service is calculated on the same conditions as with full-fledged activity.

Protecting the rights of pensioners

Those who, at the time of the adoption of federal law 173, were already the recipient of a pension, regardless of its type (for old age, disability, loss of a breadwinner), payments will continue to be received, but on new conditions. This means that in accordance with the Federal Law on labor pensions, the established amount is multiplied by the seniority and regional coefficient. In addition, there are certain increases and compensation payments in accordance with the standard of living in the Russian Federation.

If assistance is granted for the loss of a breadwinner, but an individual account has not been previously opened, then the procedure for calculating a pension is carried out in accordance with standard norms. To calculate insurance part labor pension, indexation is carried out, which is provided for on the basis of Federal Law 173. The calculations use the period starting from 01/01/2002 to the day the pension is awarded - this information is contained in article 14.

Retirement rights

Importantly, within the framework of the Federal Law 173, namely Article 30, the preservation of the rights to a pension that were acquired before its entry into force is implied. Namely:

1. All pension rights are converted into savings
2. The periods of activity that are included in the production, and those that are excluded from it, are determined
3. The process of calculating pensions has been revised.

It is important to consider that the settlement capital can be chosen directly by its future owner. This issue is regulated by paragraphs 3 and 4, Article 30, Federal Law 173. Such changes in the legislation have made it possible to revise the approach to calculating pensions, which makes the formation of future savings more efficient and profitable. It should be noted that financial payments accrued prior to 2002 are subject to mandatory indexation for the entire period. If we carry out the calculation according to the formula contained in Article 14, Federal Law 173 on labor pensions, and also take into account all periods of service on the basis of Article 11, then by example we can see that the amount of pension capital increases almost 2 times. That is why, due to the introduction of new rules for conducting calculations, the mechanism has become more productive. In addition, there are no restrictions that were in force before and implying a limitation of only three amounts of pension capital. Thanks to this, the introduction of the new federal law did not deprive citizens of the rights that they had previously received.

The federal law on labor pensions is designed for the effective formation and calculation of future capital. Each item considers certain nuances that are important to consider. Special attention worth referring to Art. 30, and respectively 11 and 14, which will allow us to analyze in detail the features of this Federal Law.

In general, you can learn about who is entitled to receive a pension under this law from this video.

(on currency regulation and currency control) does not apply to labor pensions.

The exception is rules that:

• Regulate the calculation of the amount of labor pensions;
• They are used to determine the size that do not contradict current legislation.

FZ-173 was adopted and then approved by the State Duma on December 17, 2001. Last changes were submitted to the editorial office on June 4, 2014. Contains 7 chapters and 32 articles.

The law describes the procedure for payment and establishes the size of the labor pension. It is possible to change the conditions and norms for calculating pensions, including the procedure for payment by making additions and amendments to the current legislation.

Sometimes the rules of an international treaty may not comply with FZ-173. In this case, the conditions and procedure for calculating pensions specified in the international treaty of the Russian Federation apply.

FZ-173 outlines the following aspects:

• The procedure for granting rights to citizens of the Russian Federation to accrued labor pensions (more about the law on citizenship of the Russian Federation);
• Indication of specific actions for certain groups of persons in accordance with the law "On labor pensions" in the Russian Federation.

The funds are paid from the state pension fund according to FZ-173: local budgets and funds of organizations. The procedure for payment is regulated by special norms of the law of the council of state power, as well as acts of organizations and local governments.

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A labor pension is compensation in monetary terms. Provided to the insured individuals who are legally employed. It can be accrued in the form of other remuneration in case of disability in accordance with Federal Law-173: disability or old age. Disabled Members family is provided in the form of wages or other accruals. The size is determined in accordance with the rules and regulations that are established in the current 173-FZ "On labor pensions" in the Russian Federation. To download the law with amendments and additions, click .

Recent changes made to the law "On labor pensions in the Russian Federation" - 173-FZ

Federal Law-173 "On labor pensions" was amended on June 4, 2014 (study and). Now, in order to calculate the amount of the pension, a new formula is applied based on the change in the law. Every citizen can use both pension and insurance coverage. Also indexed every year pension payments. Below are the following articles:

Art 1 p 1

Cash compensation or labor pension is paid on the basis of the current Federal Law-173. The article also describes that changes in the conditions, norms and payment procedure are carried out only subject to additions or amendments to the article. But there were no changes in the latest edition.

Article 9

This article of FZ-173 states that citizens are entitled to a labor pension if a breadwinner has been lost. But only if there are disabled persons who are dependents in the family. If one of the family members is on the list of paragraph 2 of the current article of the law, then the specified amount is transferred regardless of whether the family members were dependent or not. If the breadwinner is missing, then the procedure similar to that used for the loss of a breadwinner in accordance with Federal Law-173 is applied. Accrued financial compensation. No changes have been made in the latest edition.

Describes which periods are counted additionally in the insurance period. For example:

• Time spent in military service or other activities equal under the current legislation;
• The time during which Social Security or sick leave benefits are paid.

28 article 173 FZ

The article of the law lists certain categories of citizens who are entitled to receive an early pension:

• Women who have given birth to two or more children and have reached the age of 50;
• People with disabilities, if the injury was received during military service;
• Visually impaired people with the first group of disabilities;
• Men who are 55 years old and women 50 years old if they work in normal climatic conditions;
• Men over 50 and women over 45 if they work in the Far North or equivalent regions.

In the Russian Federation, the pension of each person is formed in accordance with the current Federal Law-173. There is insurance and funded part pensions for pensioners or disabled citizens. The first refers to the funds that were accumulated by a resident of the Russian Federation on their own.

For this, in accordance with the law, a special account is opened. To find out the detailed aspects of FZ-173, download it.