Law on pensions in the Russian Federation. Law on labor pensions in the Russian Federation

Each article of this law is dedicated to a specific category of citizens, for example, in Art. 14, each paragraph contains rules for calculating future funds, and 11 contains information about the work periods included in the total output. As for Article 30 of the federal law, we are talking about the possibility of transforming pension rights. There is a standard scheme that the first paragraph contains, 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 payment of accumulated funds. This scheme, containing paragraph 1, article 30, will help calculate future pension capital.
2. It is worth considering 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 - for weak and stronger sex respectively.
3. The average monthly earnings for a certain time are calculated - the information contained in parts 10, 11, 12, 13 of the federal law on labor pensions will help determine the months counted as earnings. The 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 obtained 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 disabled people 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 point is discussed in detail in 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 the corresponding regions, there are certain calculation schemes - this is taken into account by Articles 30, 11, and 14.

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

1. No more than 1.4 – if the activity is carried out in an area in which the coefficient is set to 1.5
2. No 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 in non-production industries will be used.

Development in Art. 11 and 30

Even those citizens of the Russian Federation who do not have sufficient work experience.

The standard age is 20 and 25 years for the weaker and stronger sex, respectively. The formula uses the ratio of the norm of the required and full length of service, multiplied by the actual one.

It is worth noting that the time periods taken into account in the total output are considered in more detail 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 activities
5. Temporary disability resulting from an injury at work
6. Period of receiving 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

Based on the federal law on labor pensions, such an opportunity is provided as the transformation of rights. Accordingly, Article 30 implies that years of activity and earnings received are converted into a certain amount. These savings are formed from the beginning of official activities until the year 2002.

It is important to consider that if during service serious injuries were received that caused temporary disability, then the period of temporary disability will be equivalent to the main job. At the same time, Art. 11 and 14 confirm that length of service is calculated on the same terms as for full-time activities.

Protection of the rights of pensioners

For those who, at the time of the adoption of Federal Law 173, were already recipients of a pension, regardless of its type (old age, disability, loss of a survivor), payments will continue to be received, but under new conditions. This means that, in accordance with the Federal Law on labor pensions, the established amount is multiplied by the length of service 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 assigned for the loss of a breadwinner, but an individual account has not previously been opened, then the procedure for calculating the pension is carried out according to 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 until the day the pension was assigned - this information is contained in Article 14.

Pension rights

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

1. All pension rights are converted into savings
2. The periods of activity that are included in production and those that are excluded from it are determined
3. The pension calculation process 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 legislation have made it possible to revise the approach to calculating pensions, which makes the formation of future savings more efficient and profitable. It is worth noting that financial payments accrued before 2002 are subject to mandatory indexation for the entire period. If you 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 using the example you 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 previously and implied a limitation of only three amounts of pension capital. Thanks to this, the introduction of a 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 point considers certain nuances that are important to consider. Special attention worth paying attention 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.

October 3, 2018 Vladimir Putin signed a promotion 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 years for men and from 55 to 60 years 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 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 the increase in the retirement age, which has already been signed by the President and officially published, can be found below. Main provisions of the new reform come into force on January 1, 2019.

It is worth noting that consideration of the bill caused lively debate among deputies of the State Duma, but in all readings the document was adopted by majority vote(primarily 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:

The changes provided for by law are being implemented from January 1, 2019 with a transition period, during which the retirement age will be gradually changed 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 - since January 1, 2017, in accordance with a similar law No. 143-FZ of May 23, 2016 (i.e., for civil servants, the schedule for changing the retirement age adopted since 2017 by the new law, starting from 2020).

It is worth noting that all proposed changes in pension legislation since 2019 won't touch those Russian citizens who are already receiving a pension- the new measures are aimed only at extending the “period of working capacity” for future pensioners who must reach retirement age in 2019.

Receipt of old age insurance pension from 2019

From January 1, 2019, the release dates will be adjusted. 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, according to the President’s proposal, the age for women was reduced to 60 years, i.e. As a result, the increase for men and women will be the same - by 5 years.

And this increase will occur 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 standards 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 in which an old-age pension was assigned 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 in old age starting from 01/01/2019 - that is women born in 1964 and men born in 1959.
• For 5 years, a so-called “transition period” will operate for women and men, within which the retirement age will increase by 1 year annually(except for the first two years of the transition period, when you can retire six months earlier).
• For women from 1968 and men from 1963 will already be installed final values ​​- 60 and 65 years. Accordingly, they will be the first in Russia to retire later by all 5 years of difference adopted by the State Duma - in 2028 instead of 2023 under the old law (see table above).

However, the new law provides for the possibility of reducing the retirement age by 24 months. This reduction is established if women have 37 years of experience (if they have reached 55 years of age) and 42 years of experience for men (if they have reached 60 years of age).

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

According to the old law, teachers and health workers for early exit To qualify for an old-age pension, you were required to have 25-30 years of work experience (depending on the place of work). According to the new law, the right to early assignment of a pension in the presence of such length of service is retained, but the withdrawal deadline carried forward for 5 years after purchase required quantity years of experience. In this case, a gradual increase in the term of appointment is provided (annually by 1 year, except for the first two years with the provided preferential retirement) in the period from 2019 to 2023 until the required value of 5 years is reached.

The deadlines for assigning early insurance pensions for teachers and doctors by year are shown in the table:

Thus, from 01/01/2019, go to early insurance pension and after receiving required experience 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 in 2023. Also, for these categories of workers, the possibility of retiring at the new generally established retirement age remains - upon reaching 60 or 65 years of age.

For employees creative activity(in theaters and theatrical and entertainment organizations), according to the old law, the possibility of early retirement, depending on the nature of the work, was provided at the age of 50-55 years with 15-30 years of work experience. The new pension law from 2019 also sets a new retirement age for such workers - 55-60 years subject to the same length of service requirements. The increase will also occur 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 for the emergence 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 - accordingly up to 55 and 60 years old.

The Government explains such measures 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 new values ​​are established for RKS and ISS workers also a transition period is provided: from 2019 to 2023 for men and women. During it, the standard age will increase by 1 year annually until it is set at 55 and 60 years (except for 2019 and 2020, when “preferential” conditions for retirement will still apply).

It should be noted that changes to the assignment rules northern pensions working in difficult and hazardous working conditions(underground work, 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 in six-month increments. 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 occur according to a 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 transition period, during which there will be a gradual increase in the retirement age, 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 the increase will happen 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 worked out what is necessary.

Until 2019, persons who had reached the age of 65 years for men and 60 years for women were eligible (i.e., 5 years later than the generally established retirement age of 60/55 years for 2018). Under the new law, such a right will arise only upon reaching 70 and 65 years of age(i.e. also with an increase of 5 years relative to the new age of 65/60 years).

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

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

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

First of all, changes provided for by law 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 previously acquired rights and benefits.

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

1. Those employed in jobs with difficult and harmful working conditions, namely:
   • employees in whose favor the employer pays insurance premiums at the appropriate rates, which were determined as a result of a special assessment of working conditions;
   • civil aviation pilots, aircraft maintenance engineers and technicians;
   • flight test personnel involved in testing aircraft and other equipment;
   • workers of locomotive crews, workers organizing transportation and ensuring traffic safety on railway transport and in the metro;
   • drivers of construction, road, loading and unloading equipment;
   • tractor drivers working in agriculture and other fields;
   • workers in logging, timber rafting, as well as those involved in servicing machinery and equipment;
   • truck drivers in mines, quarries, shafts, 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 exploration, search, topographic teams and expeditions, in survey and other work;
   • in the sea and 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 imprisonment;
   • women working in the textile industry with heavy loads in high-intensity conditions and others.
2. Citizens who are entitled to a pension for health reasons or social reasons:
   • one of the parents or guardians who raised them until they reached the age of 8;
   • visually impaired people of group 1;
   • women who have given birth to 5 or more children and raised them until they reach 8 years of age;
   • women who have given birth to 2 or more children and have established work experience in the Far North and equivalent areas, and others.
3. Persons who 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 government-planned increase in the retirement age from 2019 is provided in (PDF file format), prepared by specialists of the Pension Fund of the Russian Federation.

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

The exception is the rules that:

• Regulate the calculation of labor pensions;
• Used to determine sizes that do not contradict current legislation.

Federal Law-173 was adopted and then approved by the State Duma on December 17, 2001. Last changes amended on June 4, 2014. Contains 7 chapters and 32 articles.

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

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

Federal Law 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);
• Indications of specific actions for certain groups of persons in accordance with the law “On Labor Pensions” in the Russian Federation.

Funds are paid from the state pension fund in accordance with Federal Law-173: local budgets and funds of organizations. The payment procedure is regulated by special norms of the law of the council of state power, as well as by acts of organizations and local government bodies.

Download

A labor pension is compensation in cash equivalent. Provided to the insured individuals who are legally employed. May be accrued in the form of other remuneration in the event of loss of ability to work under Federal Law-173: disability or old age. Disabled members family is provided in the form of wages or other accruals. The amount 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.

Latest changes made to the law “On Labor Pensions in the Russian Federation” - 173-FZ

Federal Law No. 173 “On Labor Pensions” was amended on June 4, 2014 (study and). Now, to calculate the pension amount, a new formula is applied based on the change in the law. Every citizen can use both pension and insurance coverage. Pension payments are also indexed every year. The following articles are discussed below:

St 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 taking into account additions or amendments to the article. But there were no changes in the latest edition.

Article 9

This article of Federal Law-173 states that citizens have the right to a labor pension if the breadwinner has been lost. But only if there are disabled dependent persons 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 applied is similar to that used for the loss of a breadwinner in accordance with Federal Law-173. Accrued financial compensation. No changes were made in the latest edition.

Describes which periods are additionally counted towards the insurance period. Eg:

• Time spent in military service or other activities equal under current legislation;
• The length of time during which social security or sick leave benefits are paid.

28 Article 173 Federal Law

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

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

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

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

It should be noted that this 173-FZ “On Labor Pensions in the Russian Federation” has been applied to a very limited extent since January 1, 2015. Only those articles that relate to the calculation of the amount of labor pensions are valid. The main part of pension regulation in Russia occurs in accordance with the Federal Law of December 28, 2013 N 400-FZ (“On Insurance Pensions”).

general characteristics

Law No. 173-FZ talks in detail about the methods of calculation pension payments. It includes six articles. At the beginning of the Law there are general provisions inherent in many regulatory legal acts. The following explains general concepts- length of service, labor pension, personal account, pension capital, pension savings and others. The types of persons who are entitled to receive pension payments are also indicated. These are men over 60 years of age and women over 55 years of age. These may also be minors or incapacitated citizens who were dependent on the deceased (in the case of a survivor's pension).

Seniority

Chapter 3 of the Federal Law “On Labor Pensions in the Russian Federation” is devoted to length of service. A minimum length of service is required to calculate an old-age pension. Moreover, the main condition here is the deduction of pension contributions by the employer in Pension Fund Russia. That is, the “gray” salary in an envelope does not affect the increase in length of service.

The Law also regulates the procedure for calculating length of service and outlines procedures for confirming it (if necessary).

In addition to work, there are also other periods that are counted towards length of service. For example, maternity leave. The list of such periods is clearly stated in the Law.

Pension payments

The amount of pension payments is discussed in Chapter 14 of Law No. FZ-173. This chapter is perhaps the most extensive and most important. It is replete with formulas and fixed indicators that allow you to calculate the size of your retirement pension. For an inexperienced reader, all these calculations may seem incomprehensible. In this case, we recommend that you use the comments of Federal Law No. 173-FZ or go to any information center where they will help you figure it out.

• the amount of old-age labor pension, fixed in regulations;
• the amount of pension capital to be calculated;
• expected payment period in months (currently this period is 19 years).

conclusions

So, the Law “On Labor Pensions in the Russian Federation” No. 173-FZ, which we are considering, in its latest edition, regulates the most important issues related to length of service and calculation of the amount of pension payments. But this Law more intended for state and municipal employees than for ordinary citizens, due to the abundance of special information.