Bodies providing pensions. Social security law in Russia Bodies implementing pension provision in the Russian Federation
Currently, pension management in Russia is fragmented to a much greater extent than in the USSR. It was run by the Ministry social security RSFSR, as well as three allied departments that have their own pension authorities of the Ministry of Defense, the Ministry of Internal Affairs and the KGB. Now the number of federal executive authorities that have “their own” pension authorities has increased.
Since Russia failed to create a unified federal system of state pensions (although it was intended), the pension system turned out to be fragmented, and it was not possible to create a unified pension management system, and the tendency towards its disunity is becoming more and more apparent. Pension management is carried out by: the Ministry of Labor, and in some regions the body of the Pension Fund of the Russian Federation, the Ministry of Defense, the Ministry of Internal Affairs, the FSB, the Ministry of Justice, the Prosecutor's Office, the tax service, the police, the customs service, etc.
Pension provision in accordance with the Law of 1990 and some other laws, for example the Law “On State Guarantees and Compensations for Persons Working and Living; regions of the Far North and equivalent areas" is carried out by government agencies social protection population and partly by the bodies of the Russian Pension Fund.
The Ministry of Labor of the Russian Federation and the Ministry of Social Protection and Rural Affairs of the Russian Federation were abolished by the Decree of the President of the Russian Federation of August 14, 1996, which determined the structure of executive authorities. This Decree created the Ministry of Labor and Social Development on the basis of the abolished ministries. One of the oldest Russian departments, which traditionally supervised the assignment and payment of pensions to workers, employees, collective farmers, conscripts, some other categories of citizens and their families, ceased to exist. For more than 75 years it was called the People's Commissariat for Social Security, the Ministry of Social Security, and more recently - the Ministry of Social Protection of the Population. The last name is clearly unfortunate. An executive body with this name should not manage pensions provided to citizens for labor and service. Such citizens deserve a pension; they protected themselves. The function of such a body is to organize assistance to citizens who are in need due to various special circumstances, to create shelters for them, etc.
Nowadays, state policy and management in the field of pension provision are thus carried out by several departments, each of them defending the interests of “its” pensioners, and the Ministry of Labor and Social Development does this worst of all, as is clearly evidenced by the results of its activities.
Reorganizing the management of pension provision, as well as the entire social security system, is unlikely to have a positive impact on solving the most pressing problems in this area, rather the opposite. We can only regret that among dozens of federal ministries and departments there was no place for one whose activities affect the interests of tens of millions of people - pensioners, veterans, families with children, including disabled children.
The name of the newly created ministry also raises serious objections. After all, “social development” is the development of the entire society, all spheres of its life and activity, in particular science, education and culture, public health and environment, material production, etc.
Today, more than ever, the need for a centralized, well-functioning and organized federal pension service is obvious. Disunity in management is also reflected in the quality of pension provision for various categories of citizens. Ultimately, it is “ordinary” pensioners who suffer, i.e. those citizens whose pensions are assigned and paid on a general basis by the social protection authorities. Gum, where issues related to the organization of pension management are resolved, for some reason they do not allow the possibility of assigning a pension in one institution to a soldier and an officer, a worker and a general, a peasant and a federal official, etc., as well as establishing pensions for them on the basis single law. Locally - in cities, districts - there are corresponding local bodies: social protection of the population, the Pension Fund of Russia, military registration and enlistment offices, etc.
38. Pension system in the Russian Federation.
One of the fundamental problems of modern pension system in the Russian Federation is associated with a low ratio between people of working age and pensioners. As the number of pensioners increases and the number of workers in the national economy decreases, the burden on covering social security costs increases.
Pension under current legislation is a monthly payment in amounts commensurate with past earnings, assigned to a person for life or for a long period in cases established by law. Pensions for state pension provision are divided into: old-age pensions; long-service pensions; disability pensions; survivor's pensions; social pensions.
Old age pensions – monthly payments from the Pension Fund of the Russian Federation, assigned for life in amounts commensurate with past earnings, to persons who have been engaged in socially useful activities for a specified period of time and have reached the legal age.
The right to an old-age pension usually arises for men upon reaching 60 years of age and with at least 25 years of work experience, and for women - upon reaching 55 years of age and with at least 20 years of work experience.
Under long service pension is understood as a monthly payment established to a citizen in connection with long-term work or professional activity defined by law, and assigned, as a rule, regardless of the age of the recipient upon leaving this work or completing this activity.
Disability pensions are monthly cash payments assigned to citizens who have a persistent impairment of body functions, both with and without the necessary work (insurance) experience.
Survivor's pensions– monthly payments from the Pension Fund of the Russian Federation, as well as the federal budget, assigned in amounts commensurate with the earnings of the deceased (unknown) breadwinner, to disabled family members who are dependent on the deceased.
Social pensions- this is a state-guaranteed minimum social assistance provided based on their work experience, payment of insurance premiums, paid upon reaching a specified age. (paid to certain categories of citizens).
Pension Fund of the Russian Federation. The Pension Fund of the Russian Federation was formed by the Resolution of the Supreme Council of the RSFSR dated December 22, 1990 for the purpose of state management of pension finances in the Russian Federation. The Pension Fund is an independent financial and credit institution. It carries out individual banking operations in the manner established by the legislation on banks and banking activities in force in the Russian Federation.
The funds of the Pension Fund of the Russian Federation consist of:
Insurance contributions of employers and employees. Insurance contributions to the Pension Fund of the Russian Federation are charged on all types of earnings (income) in cash or in kind, regardless of the source of their financing, including full-time, non-staff, seasonal and temporary workers, as well as part-time workers or those performing one-time, casual and short-term work.
Federal budget funds;
Funds from the Federal Social Insurance Fund of the Russian Federation;
Penalties and financial sanctions;
voluntary contributions from legal entities and individuals.
Pension Fund funds are allocated to:
payment of state pensions;
compensation for pensioners;
financial assistance to the elderly and disabled;
single mothers;
payment of child care benefits over the age of 1.5 years to 6
victims of the accident at the Chernobyl nuclear power plant;
financial and logistical support for the current activities of the Pension Fund and its bodies;
other events related to the activities of the Pension Fund of the Russian Federation;
various programs for social support disabled people, pensioners, children, one-time cash payments are made.
The pension reform program of the Russian Federation, approved in May 1998, in the long term provides for a transition from a distribution system to a funded system based on the payment of pensions from the cash fund accumulated for these purposes. Its essence is that each employee, during his working life, makes a contribution to pension funds, the funds of which are used for a long time to invest in the economy, and after the employee retires, they go to his pension provision. At the first stage, investments are made (contributions to the fund) and a consistent increase in savings (reserves); at the second stage, returns are received from
savings in the form of regular payments (pensions). The funded system presupposes the presence of funded non-state pension funds. However, until now the main burden of all payments lies with the state pension fund, which is not able to single-handedly solve all the problems of ensuring a decent old age for Russians. Non-state pension funds and insurance companies, which should become real allies and partners of the state pension fund, have not yet made a serious contribution to solving the pension problem.
Non-state pension system in the Russian Federation. Non-state pension funds are a form of additional social security for older citizens. The impetus for their development was the Decree of the President of the Russian Federation “On non-state pension funds” (September 1992). Then it was accepted Federal law dated 05/07/1998 N 75-FZ "On non-state pension funds".
The law established that NPFs are a special organizational and legal form of a non-profit social security organization, the exclusive type of activity of which is non-state pension provision of fund participants on the basis of agreements on non-state pension provision of the population with its investors in favor of fund participants. When creating such funds, banking, insurance and investment activities are combined.
Among non-state pension funds the following groups can be distinguished:
Corporate: LUKoil-Garant, Surgutneftegaz;
Industry: non-state pension fund of the electric power industry, Mosenergo, Dalmagistral. They try to use the administrative resources of the ministry or department in charge of the industry.;
Regional: Ermak, Taganrog. They operate in industrialized regions, focusing on local enterprises.;
Pension funds of banks and insurance organizations: Vnesheconombank, non-state pension fund of Savings Bank. They are created mainly to expand the client package of existing financial services.
The basis of the Russian non-state pension system is made up of corporate funds. These are so-called closed-type funds, which are created only for participants grouped according to a certain criterion (employees on the staff of one or more enterprises that established the fund, workers in any industry or profession).
Current non-state pension insurance schemes can be divided into two main groups:
provides for maintaining personal pension account for each insured individual.
Money can be transferred to this account at intervals from a month to a year. At the accumulation stage, the personal pension account reflects information on receipts of pension contributions, accruals of investment income, transfers and redemption amounts.
At the payment stage, the personal pension account reflects only information about pension payments.
Pension contributions are credited to the NPF for joint pension account of the organization and are not subject to distribution to personal pension accounts of individuals until certain times and conditions occur. At the same time, money goes to personal accounts only according to the organization’s administrative letter and often only after the employee acquires the right to a non-state pension. Only after this the fund enters into an agreement with the pensioner and begins to pay the pension.
Currently, there are almost 300 non-state pension funds, the number of insured persons is more than 5 million people, and half a million citizens already receive an additional non-state pension.
However, about 1% of pensioners receive an additional non-state pension. The Russian system of non-state pension provision is just beginning to develop. Average amount paid
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3) Interpretation of social security law
For law enforcement officials, interpretation of the law is important. It refers to the activities of bodies and organizations providing social security, which are aimed at establishing the content of legal norms and revealing the will of the authorities in them.
The purpose of interpretation is the correct, precise and uniform understanding and application of the law, identifying its essence, which the legislator put into the wording.
Interpretation is a complex, complex and multidimensional phenomenon. Let us consider such an aspect of interpretation as an explanation of the content of the norm. It refers to the activities of certain bodies aimed at ensuring the correct and uniform implementation of the interpretation of the norm in all cases for which it is intended, eliminating ambiguities, possible errors when using it. The interpretation is also given in the form of an official act. Such acts are issued in the form of clarifications, recommendations, letters, reviews in practice. The Ministry of Labor and Social Protection, the Pension Fund, the Social Insurance Fund, the Compulsory Medical Insurance Fund, the Ministry of Defense and other organizations related to social security have the right to issue such acts. For example, duration insurance period affects the size of the labor pension. The legislation has certain “Periods included in the insurance period”. The Pension Fund, in order to interpret this concept, issued an explanation that indicates which periods are included in the insurance period. Using these clarifications, pension authorities correctly establish the amount of pensions in accordance with the List of Insurance Experience.
Topic 4
The concept of the state social security system
Plan:
1) The concept of the state social security system;
2) State pension system:
a) Insurance and budget pension systems;
b) Sources of financing pension systems;
c) The circle of persons subject to pension provision;
d) Types of pensions;
e) Conditions for the provision of pensions;
f) Regulatory legal acts (LLA) regulating pension relations;
g) Bodies providing pensions.
1) The concept of the state social security system
When defining the concept of a social security system, we proceed from the fact that the system is understood as many elements that form a certain unity.
The definition of a social security system and the identification of its individual elements can be based on various features (criteria):
– Form of organization;
– Circle of people;
– Types of collateral;
– Conditions for the provision of social security;
– Amounts of collateral, etc.
For example, according to the forms of organization, the social security system can be represented as 2 elements:
1) Compulsory social insurance (OSI);
2) Social security through allocations from the state budget.
Most often in scientific literature The social security system is divided by type of social security. These types, in turn, are also systems. The social security system consists of:
– Pension system;
– Systems social benefits and social compensation payments;
– Social service systems;
– Systems medical care and treatment;
– State social assistance systems;
– Systems of social benefits and advantages.
These systems are components of the Russian social security system and are regulated by PSO standards.
2) State pension system
The state pension system in the Russian Federation currently does not have unity. According to the current pension legislation, it consists of 2 relatively independent pension systems:
1) Compulsory pension insurance (OPI);
2) State pension provision.
The legislator made this division based on the existing organization of pension financing.
Based on this, we will name these 2 systems as follows:
a) Insurance pension system;
b) Budgetary pension system.
A) Insurance and budget pension system
The insurance pension system is a system of legal, economic, and organizational measures created by the state, which is aimed at compensating citizens for earnings or other income received by them before the establishment of a pension in the manner of compulsory insurance coverage.
Budgetary pension system is a system of legal, economic, organizational measures created by the state in order to compensate citizens for earnings lost due to the termination of civil service, or compensation for damage caused to their health during military service, as a result of radiation, man-made disasters, in the event of disability, loss of a breadwinner, upon reaching the legal age, or to disabled citizens in order to provide them with a means of subsistence.
There are many differences between the two pension systems, so let’s name the main ones:
1) Sources of their financing;
2) The circle of persons subject to pensions;
3) Types of pensions;
4) Conditions for the provision of pensions;
5) Regulatory legal acts (LLA) regulating pension provision;
6) Bodies providing pensions.
B) Sources of funding for the pension system
Within the framework of the insurance pension system, such a source is the budget of the Pension Fund (PF). It is formed from various sources, the main one being the payment of insurance premiums, as well as allocations from the federal budget, the amount of penalties and other financial sanctions, income from the placement (investment) of temporarily available funds of the compulsory pension insurance. IN recent years Other sources of replenishing the fund’s budget also appeared – voluntary contributions from individuals and legal entities.
Pensions under the budgetary pension system are financed from the state budget, which includes: federal, regional and local budgets. These funds are generated from taxes provided for by tax legislation, as well as other financial sources.
B) The circle of persons subject to social security
Differences in pension systems can also be observed in the categories of persons receiving pensions.
The insurance pension system covers citizens insured by compulsory pension insurance who are entitled to labor (insurance) pensions. These citizens include:
1) Citizens of the Russian Federation, foreign citizens and stateless persons working under an employment contract;
2) Those who provide themselves with work (individual entrepreneurs, private detectives, lawyers, notaries, private practice);
3) Citizens who are members of peasant (farm) households;
4) Citizens who are members of tribal family communities of small-numbered peoples of the north, engaged in traditional sectors of the economy;
5) Persons working outside the territory of the Russian Federation, if they pay insurance premiums.
Only Russian citizens have the right to receive a pension under the budgetary pension system, these include:
1) Federal civil servants, civil servants of the constituent entities of the Russian Federation, civil servants of local government (LSG);
2) Military personnel, law enforcement officers, WWII participants, combatants;
3) Victims as a result of radiation and man-made disasters and disabled citizens who do not have rights to labor (insurance) pensions.
For citizens who are simultaneously entitled to various pensions (insurance and budget), one pension is established at their choice (with the exception of only a few categories of citizens, for example, participants in the Second World War).
D) Types of pensions
The following types of pensions are currently assigned and paid under the insurance pension system:
1) Old-age labor pension;
2) Labor disability pension;
3) Labor pension in case of loss of a breadwinner.
From January 1, 2015 instead of labor pensions, insurance and funded pensions. These 2 new types of pensions will be assigned to those citizens who have started their labor activity in 2015
The following types of pensions are assigned and paid under the budget pension system:
1) Old age pension;
2) Disability pension;
3) Pension for long service;
4) Social pension.
D) Conditions for providing pensions
The conditions for providing pensions under the 2 pension systems also depend on the category of persons to whom they are assigned.
The right to a pension under the insurance pension system depends on the conditions established for each category of its recipients. The right to an old-age labor pension is for men who have reached the age of 60 years and women who have reached the age of 55 years and who have an insurance period of at least 5 years. For some categories of citizens, the old-age labor pension is assigned ahead of schedule, i.e. with decreasing age. This right arises for citizens employed in jobs with special working conditions, who worked in special natural and climatic conditions, who were unemployed before receiving a pension, or who had special medical and biological characteristics.
A labor disability pension is provided to a person recognized by medical and social examination bodies (MSE) as a disabled person with the establishment of III, II, I disability groups and in the presence of an insurance period of any duration.
To receive a labor pension in the event of the loss of a breadwinner, you must have the status of a disabled member of the family of the deceased breadwinner who was his dependent.
To receive a pension under the budget pension system, each category of citizens has its own conditions:
1) federal civil servants receive the right to a long service pension if they have at least 15 years of civil service experience and are subject to their dismissal from the federal civil service.
2) a disability pension is assigned to military personnel who have become disabled:
a) During the period of military service under conscription;
b) No later than 3 months after dismissal from military service;
c) In case of disability occurring later than this period, but due to injury, injury, illness received during military service.
E) Regulatory legal acts (LLA) regulating pension relations
There is no unified pension system in the Russian Federation, so there are many different laws regulating pension provision. The main laws include:
1) According to the insurance pension system:
a) Federal Law dated December 17, 2001. No. 173-FZ “On labor pensions in the Russian Federation”;
b) Federal Law dated December 15, 2001. No. 167-FZ “On Compulsory Pension Insurance in the Russian Federation”;
c) Federal Law dated April 1, 1996. No. 27-FZ “On individual (personalized) registration in the compulsory pension insurance system”;
d) Federal Law dated December 28, 2013. No. 400-FZ “On insurance pensions”;
e) Federal Law dated December 28, 2013. No. 424-FZ “On funded pensions”.
2) According to the budget pension system:
a) Federal Law of December 15, 2001. No. 166-FZ “On state pension provision in the Russian Federation”;
b) Law of the Russian Federation of February 12, 1993. No. 4468-1 “On pension provision for persons who served in military service, service in the Internal Affairs bodies, the state fire service, authorities for control of the circulation of narcotic substances and psychotropic substances, institutions and bodies of the penal system and their families.”
G) Bodies providing pensions
According to the insurance pension system, the bodies providing pension provision are the Pension Fund bodies. These include: the boards and directorate of the Pension Fund, located in Moscow, Branches of the Pension Fund, located in the constituent entities of the Russian Federation.
Pension Fund offices in cities and districts, pension departments in small towns.
The budget of the pension system is carried out by pension provision in a combined manner, that is, part of the budget pensions through its bodies is assigned and paid to the Pension Fund, and the other part of the budget pensions is assigned and paid by the Pension Administration, departments, services, the Ministry of Defense, Internal Affairs, the Ministry of Emergency Situations, the FSB, the Federal Penitentiary Service, service drug control and other departments.
Topic 5
State system of benefits and compensation payments
Plan:
1) Regulatory framework for benefits and compensation payments;
2) Grounds for classification of benefits and compensation payments;
3) Types of benefits and compensation payments;
4) Insurance and budget benefits.
Social benefits and compensation payments are one of the types of social security, are provided in cash and are in second place in importance for Russian citizens after pensions.
1) Regulatory framework for benefits and compensation payments
Like the pension provision NPB (legal and regulatory framework) benefits, compensation payments are extensive. Let's name the main laws in this area:
1) Law of the Russian Federation of April 19, 1991 “On employment in the Russian Federation”;
2) Federal Law of May 19, 1995 “On state benefits citizens with children";
3) Federal Law of December 12, 1996 “On burial and funeral business”;
4) Federal Law of July 24, 1998 “On OSS regarding industrial accidents and occupational diseases”;
5) Federal Law of September 17, 1998 “On immunoprophylaxis of infectious diseases”;
6) Federal Law of July 16, 1999 “On the fundamentals of OSS”;
7) Federal Law of December 29, 2009 “On compulsory health insurance in case of temporary disability and in connection with maternity.”
Since a number of benefits are financed from the budgets of the constituent entities of the Russian Federation, laws on benefits are adopted in them. For example, the St. Petersburg law “On social support for families with children in St. Petersburg (November 17, 2004)”
Most compensation payments were introduced by presidential decree and government resolution. For example, the decree of the President of the Russian Federation of December 26, 2006 “On compensation payments to persons caring for disabled citizens.”
2) Basis for classification of benefits and compensation payments
Social benefits and compensation payments can be classified (divided into classes, groups) on various grounds. Such grounds are:
1) The intended purpose of the benefit or compensation (compensatory earnings, additional family income, protection of the health of mother and child, provision of livelihood for the period when any of the family members has no earnings or other income);
2) Duration of payment (one-time, monthly, periodically);
3) Financial sources (PF funds, social insurance funds, federal budget funds, budget funds of constituent entities of the Russian Federation, subventions);
4) The circle of recipients (benefits and compensation for all citizens and benefits for working citizens);
5) Social and legal grounds for payment of benefits (temporary disability, childbearing, poverty, the need to protect the family budget under extraordinary circumstances);
6) The procedure for determining the amount of benefits and compensation (in a fixed amount of money, in an amount corresponding to the subsistence level in the regions);
7) Actions in space (federal and regional benefits);
8) Bodies providing benefits (employer, social protection body (OSZN), PF bodies and social insurance funds, employment service bodies, migration service bodies, bodies of constituent entities of the Russian Federation).
3) Types of benefits and compensation payments
In the Russian Federation, the following types of benefits are assigned and paid:
1) Temporary disability benefit (periodic, the amount depends on the length of service, earnings, persons who independently provide themselves with work do not receive benefits);
2) Maternity benefits (periodic, the amount depends on the length of service and the amount of earnings, only employed people are entitled);
3) Benefit for women who registered with a medical institution in the early stages of pregnancy (one-time, assigned in addition to the maternity benefit, paid in a fixed amount);
4) Benefit for the birth of a child (one-time, paid in a fixed amount, all women have the right to it if their birth is officially registered);
5) Funeral benefit (one-time, paid in a fixed amount);
6) Allowance for child care until he reaches 1.5 years of age (monthly, in a fixed amount, received by 1 of the family members directly caring for him);
7) Child benefit (for all, in a fixed amount, families whose income is below the subsistence level);
8) Allowance for the transfer of a child to foster care in foster family, (one-time, in a fixed amount);
9) Benefit in case of post-vaccination complications (one-time, in a fixed amount);
10) Benefit for infection with the human immunodeficiency virus (one-time, in a fixed amount, only medical workers infected while on duty);
11) Benefits for citizens affected by accidents at work and occupational diseases, (one-time, amount depends on the degree of disability);
12) Benefits for citizens who have received a certificate of recognition as refugees (one-time, in a fixed amount);
13) Benefits for citizens who have received a certificate recognizing them as forced migrants (one-time, in a fixed amount);
14) Benefits for spouses of military personnel serving under a contract while living with their spouse in areas where they cannot find employment in their specialty (monthly, in a fixed amount);
15) Allowance for pregnant wives of conscripted military personnel (monthly, in a fixed amount)
16) Allowance for the child of a soldier undergoing military service upon conscription (monthly, in a fixed amount) 4
17) Benefits for citizens who served under a contract and were discharged from military service (one-time, fixed amount);
18) Benefits for citizens involved in the fight against terrorism (one-time, fixed amount);
19) Benefits for citizens from among orphans (one-time, in a fixed amount);
20) Unemployment benefit (monthly, in a fixed amount).
Compensation payments – new look social security, introduced in the Russian Federation in the 90s. 20th century.
Compensation payments are cash payments to certain categories of citizens in order to compensate for lost earnings or to compensate for additional expenses caused by various life circumstances.
Compensation payments are similar in nature to benefits, but differ from them, firstly, in the size of the amounts paid; secondly, the circumstances of the appointment.
Types of compensation payments:
1) To care for a child aged 1.5 to 3 years;
2) For the period of academic leave for students studying full-time;
3) Unemployed able-bodied citizens caring for disabled persons;
4) Non-working wives of ordinary and commanding officers of Internal Affairs (IA) bodies and bodies of the Penitentiary System (PSS);
5) Citizens affected by man-made and radiation disasters;
6) Citizens working with chemical weapons and becoming infected;
7) Pensioners living in the far north and equivalent areas to compensate for travel to and from their vacation destination;
8) For meals for students of secondary schools;
9) Judges, after resigning, to purchase travel documents.
4) Insurance budget benefits
All compensation payments are budgetary, and benefits are divided into insurance and budgetary.
Insurance benefits are paid from the budgets of the Social Insurance Fund (SIF) and the Pension Fund (PF). Insurance benefits include:
1) Temporary disability benefit;
2) Maternity benefits;
3) Benefits for women who registered with a doctor in the early stages of pregnancy;
4) Child birth benefit;
5) Allowance for child care up to 1.5 years;
6) Funeral benefit.
All other benefits are budgetary.
Topic 6
State social service system
Plan:
1) The concept of social service
2) Social service system.
1) The concept of social service
Social services are an independent type of social security. It can be imagined as a complex of various social services and benefits provided to elderly disabled people and low-income citizens free of charge or for partial payment.
Social services are mainly provided from the budgets of the constituent entities of the Russian Federation.
Social services are the activities of social services to provide social, social, medical, socio-legal, psychological and pedagogical services to citizens in difficult life situations.
Like all other types of social security, social services has its own NPB (legal and regulatory framework). The main laws in this area are:
Citizens who have left work, members of their families in the event of the loss of a breadwinner, as well as all citizens applying for a social pension, submit applications to the district (city) social protection authority at their place of residence.
Citizens entitled to a pension have the right to apply for a pension at any time after the right to it arises, without any limitation. You can apply for an old-age pension even before the corresponding date. retirement age.
What documents are required to assign a pension? It depends on what kind of pension the citizen applied for. The general rule is this: it is necessary to confirm with documents all the circumstances on which the right to a pension and its size depend, including the right to pension supplements and its increase in appropriate cases. Thus, as a rule, documents on age and the corresponding general, and, if necessary, special work experience, as well as earnings, are attached to the application for an old-age pension. However, in a number of cases, additional documents are also necessary: that the woman gave birth and raised five or more children up to the age of 8 (they are required to assign a pension on preferential terms to a mother with many children); on recognition of the applicant as a disabled person of group I or in need of outside care based on the conclusion of a medical institution (confirmation of this circumstance is necessary to establish an allowance for care); about disabled family members who are dependent on the person applying for a pension; about awarding relevant state awards (such documents are needed to increase pensions), etc. Documents on the death or unknown absence of the breadwinner, the date and cause of his death, age or disability, dependency of the citizens for whom the pension is assigned, and their relationship to the breadwinner are attached to the application for a pension in the event of the loss of a breadwinner. In addition, other documents may be required, for example, about the total work experience of the breadwinner, about an industrial accident that resulted in the death of the breadwinner, about the earnings of the breadwinner, about the education of family members aged 18 to 23 years, etc.
There are several general rules that apply to documents confirming relevant circumstances (legal facts).
In all cases, an applicant for a pension (regardless of its type) must present a passport proving his identity and the applicant’s place of residence (or another similar document). The passport also confirms age. For minor children who do not have a passport, a document certifying their age is a birth certificate. The age of the deceased breadwinner is determined on the basis of a death certificate or other document containing the necessary information (if the age is not indicated in the death certificate).
The fact of death, its cause and date are established on the basis of a death certificate issued by the civil registry office, and in relation to military personnel whose death occurred during military service - the corresponding document received from the military unit, district (city) military commissariat , Ministry of Defense of the USSR or Russian Federation, hospital or other military institution. In cases where the breadwinner died three months after dismissal from military service (from the internal affairs bodies) and his death occurred as a result of a wound, concussion, injury or illness that occurred during the period of service, the social security authority also attaches an extract from conclusions of the medical and social examination body on the cause of death. The unknown absence of a citizen is confirmed by a court decision.
The documents required to assign a pension can be submitted both in originals and in copies certified by a notary or by the relevant pension authority (social security authority, etc.).
An exception to this general rule is provided for documents on work experience - they are presented only in originals. According to established practice, some other documents are also presented in the originals - certificates of earnings, certificates of the family composition of the deceased breadwinner, information about the education of family members aged 18 to 23 years, etc.
Preparation and submission of documents for the assignment of a pension. Due to the fact that working citizens submit an application for a pension through the administration of the organization where they work, all work on preparing, including preliminary, documents necessary for obtaining a pension, and presenting the person applying for a pension to its appointment is assigned to the administration.
In practice, at the beginning of each year, a list of all employees who are next year have reached retirement age. This list includes all employees of a given enterprise who acquire the right to a pension both on a general basis and at a reduced retirement age. The lists are compiled in chronological order, depending on the employee’s date of birth. Usually they indicate: last name, first name, patronymic of the employee; year, month and day of birth; name of the structural unit (organization where he works); position (profession); grounds for assigning a pension; total work experience confirmed by documents; special work experience giving the right to an old-age pension at a reduced age or to a pension for long service. If necessary, measures are taken to obtain missing documents, and in appropriate cases, to search for witnesses who, in the employee’s opinion, could confirm the periods of his work.
Based on all the collected documents, the administration of the organization draws up a “Submission for the assignment of a pension.” Its form was approved by the Ministry of Social Protection together with the Ministry of Labor. No later than 10 days before the employee reaches retirement age, it is recommended to remind him of the emergence of the right to a pension.
The submitted application for a pension is subject to registration. Within 10 days from the date of receipt of the application, the administration is obliged to complete the preparation of all necessary documents, as well as the “Submission”, familiarize the employee with it (against signature) and at the same time transfer all the necessary documents along with the submitted application and the “Submission” to the social authority protection of the population.
The administration is obliged to do this even if not all necessary documents have been collected (they can be submitted later).
If a request for a pension is refused (such cases are extremely rare), the employee is informed about this in in writing indicating the reasons for refusal. In cases where the person applying for a pension does not agree with the decision of the administration, he has the right to submit an application for a pension directly to the social protection authority.
Citizens whose pension, supplement to it, monthly allowance or other similar payment are assigned by other authorities submit applications to these authorities.
Assignment of pension. Terms from which pensions are assigned and recalculated
The pension is assigned by the relevant pension authority (social protection authority) after receipt of the application and all necessary documents.
The received application, in appropriate cases together with the “Submission”, is registered and the applicant is given a receipt indicating the date of receipt of the application, as well as the received and missing documents. Registration of the date (day) of application has legal significance, given that the pension is usually assigned from the date of application or even earlier than this day.
An application for transfer from one pension to another, for recalculation of a pension and for the resumption of payment of a previously assigned pension is submitted and registered in the same manner at the location of the applicant’s pension file.
The body that accepted the application is obliged, if necessary, to provide assistance in obtaining documents missing for the assignment of a pension, and to provide explanations and information on pension issues.
No later than 10 days after receiving all the documents necessary for granting a pension, the relevant body must prepare the calculation of the pension (including calculation of average monthly earnings and length of service), create a pension file and make a decision on granting or refusing a pension. An application for recalculation of pensions, transfer from one pension to another and the resumption of payment of a previously assigned pension is considered within five days.
In case of refusal, the applicant, no later than five days after the relevant decision is made, is given a notice of the decision made, indicating the reason for the refusal and the procedure for appealing. All submitted documents are returned at the same time.
As a rule, a pension is assigned from the day you apply for it, unless otherwise stated. This applies to all types of labor pensions - old age, disability, survivors and long service, as well as social pensions. Sometimes a pension is assigned not from the date of application, but from an earlier date. However, even in such cases, the day you apply for a pension has legal significance.
What day is considered the day of applying for a pension, from which the pension is usually assigned? This is the day when an application for a pension is submitted with all necessary documents.
The Ministry of Social Protection has traditionally interpreted this rule restrictively. It established that the day of application for a pension is considered not the day of filing an application for a pension, but the day of receipt of such an application by the social protection body. This is true if applications are submitted directly to this authority. However, workers submit an application to the administration of the organization where they work, and the administration then submits it, along with documents and their “Submission” to the social protection body. Thus, a certain amount of time passes between the day the application is submitted and the day the administration transfers the application and documents to the social protection authority. The pension is assigned in such cases not from the day the application is submitted, as required by law, but from the day it is transferred to the specified authority.
Why is such a restrictive rule established? It is borrowed from the Soviet past. At that time, the day of appeal was actually considered the day the social protection body received the administration’s “Submission” or application. Now the day of application is considered the day of filing the application for a pension.
When sending an application and documents by mail, the day of application is considered the date of their dispatch. It is determined by the stamp of the post office that accepted the corresponding item.
In practice, sending applications and documents by mail is almost never used, mainly because they can get lost; restoring them is sometimes difficult, and sometimes even impossible. In addition, the social protection authorities check extracts from the passport and work book with the originals, i.e. with the passport and work book, which are then returned. Taking this into account, the application and “Presentation” of the administration with the relevant documents are submitted to the social protection authority personally by the citizen who applied for the pension, or by a representative of the organization.
A sample (form) of an application for a pension is available in organizations that represent working citizens for a pension; He is also in the social protection authorities.
The text of the application, drawn up according to the sample, reminds the future pensioner of his rights and obligations: the opportunity to receive, as a rule, only one state pension of his choice, the obligation to notify the body that pays the pension about all circumstances leading to a reduction in the amount of the pension or suspension her payments, etc. Filling out an application in the recommended form also excludes cases when the person applying for a pension does not provide information that is important in resolving his pension issue (data about disabled dependents for whom the supplement is calculated, etc.).
Due to the fact that the day of applying for a pension is considered in practice, contrary to the law, the day the “Submission” of the organization with all documents is received by the social protection body, and not the day of filing an application for a pension, any delay in the transfer of the “Submission” with documents to the social security body protection of the population practically postpones the period from which a pension is assigned. It must be borne in mind that citizens may demand compensation for damage caused due to the delay in granting them a pension due to the fault of the organization.
Since it is often not possible to collect all the documents necessary to assign a pension on time, the Law provides for the opportunity to apply for a pension, that is, to submit an application for its assignment, attaching only part of the necessary documents to the application. In such cases, the body that accepted the application with part of the documents is obliged to give the person applying for a pension an explanation of what additional documents he must submit. An explanation, as a rule, is given in a receipt issued to confirm receipt of the application with part of the documents. If the missing documents are submitted no later than three months from the date of receipt of the relevant clarification, the day of applying for a pension is considered the day of filing the application with part of the documents.
In three cases, the pension is assigned earlier than the day you apply for it. This applies only to labor pensions, while a social pension is always assigned from the day you apply for it.
1. The 1990 law introduced a new rule according to which an old-age pension (as well as a long-service pension) is assigned from the date of termination of work if the application for it was made no later than a month from that day. The reason for leaving work does not matter.
This rule is established to ensure that there is no interruption in the source of livelihood when wages are replaced by pensions. At the same time, it makes it possible to apply for a pension without undue haste if for some reason it was not assigned before the termination of employment.
2. Disability is established in connection with a serious and, as a rule, long-term illness. Often, a certain amount of time passes from the day the disability is established until the day you apply for a pension. The reasons for the delay in applying for a disability pension can be very different (serious illness and continued treatment, deep anxiety due to loss of ability to work, complications with the disability pension and the need for financial support for disabled people; it is stipulated that the disability pension is assigned from the day the disability is established, if the application for a pension followed no later than 12 months from this day. The day on which the corresponding decision of the medical and social examination body was made is considered the day of disability. If the examination was carried out over several days (in this case, the start and end date of the examination are indicated), then the day. The date of commencement of the examination is considered to be the date of disability determination. In this case, the cause of disability and its group do not matter.
3. The survivor's pension is established from the date of death of the breadwinner, if the application for it follows no later than 12 months from the date of death of the breadwinner. With regard to the survivor's pension, another rule has been established, which practically excludes the assignment of a pension from the date of application for it: when applying for a pension after 12 months from the date of death of the breadwinner, it is assigned a year earlier than the day on which the application followed.
In all of these cases, the pension is established no earlier than from the date the right to it arises, for example, no earlier than reaching retirement age or the birth of a child who has lost a breadwinner.
As for the transfer from one pension to another, it is carried out from the day the application is submitted with all the necessary documents.
The pension amount is often subject to change due to a number of circumstances. It can increase or, conversely, decrease. A pensioner entitled to a different pension has the right to switch from one pension to another, etc.
From what period is the assigned pension recalculated? If the right to increase the pension arises, the size of the pension changes from the first day of the month following the one in which the pensioner applied for an increase in pension with all the necessary documents. The most common cases of pension increases are recalculation of pensions due to an increase in total length of service, an increase in earnings, the emergence of the right to establish appropriate pension supplements and the right to increase the pension.
The assigned pension is recalculated in the same manner upon presentation of additional documents giving the right to increase the pension (for example, documents on work experience, earnings), which were not submitted by the time the pension was established.
If circumstances occur that entail a reduction in the pension, the amount of the pension changes from the first day of the month following the one in which the relevant circumstances occurred.
A special rule applies to survivors' pensions. The number of family members may change for various reasons, for example, due to the fact that one of the children for whom the pension is established has reached 18 years of age, or the child of a deceased breadwinner aged 18 to 23 years has entered the full-time department of a vocational educational institution, etc. .
In all these cases, regardless of whether the number of family members increases or decreases, the pension is revised according to the number of family members entitled to receive it from the first day of the month following the one in which the circumstances that led to the change in the pension amount occurred.
The issue of the period for termination of pension payment is also resolved if circumstances arise that entail the termination of its payment. The rules regarding applying for a pension and the period from which a pension is assigned, established by the 1990 Law, were indicated above. A number of these rules are also contained in the 1993 Law (on the day of applying for a pension, on the period for recalculating the assigned pension, the period for considering an application for a pension etc.). As for the period from which pensions are assigned under this law, then general rule here it is somewhat different: the pension is usually assigned from the day of dismissal from service, but not earlier than the day on which the salary was paid upon dismissal. At the same time, the law defines cases when the pension is established with more late dates. Thus, if disability is established after three months from the date of dismissal from service, the pension is assigned from the date the disability was established. In this case, if there is a delay in applying, the pension is assigned from the date the right to a pension arises, but no more than 12 months preceding the day of applying for it.
Pension system as a legal concept - a complex education. The totality of its norms regulates mainly three different groups of social relations:
- relationship on the formation of appropriate pension funds, at the expense of which pensions are paid and other pension payments are made (financial);
- relationship for material provision of society members with pensions and other pension payments (essentially pension law, i.e., a set regulating pension and closely related relations);
- relationship on management and organization of pension provision.
In social security law as a branch of Russian law, the second group of norms - pension law - occupies a central place.
Pension law not without reason, it is considered by a number of legal experts as a sub-branch of Russian social security law, which has a relatively independent core - pension relations and the most extensive array of legal regulations.
Its structure includes major institutions or groups of legal norms regulating inextricably linked similar pension relations - old-age pensions, disability pensions, long-service pensions, survivors' pensions, social pensions. They combine standards by type of pension.
TO separate institutions include legal regulations governing procedural relations in the field of pension provision. The most significant of them are the appointment and payment of pensions, calculation, recalculation, increase and adaptation pension payments. Such relations affect basic institutions; they relate to the implementation of the right to material security in the form of a pension and may precede the emergence of a pension legal relationship or function alongside it.
Types of pensions vary depending on these life circumstances. A number of scientists believe that each of these circumstances is basic, central or “own” in the legal composition, and all the rest relate to legally significant circumstances. For a pension legal relationship to arise, a full legal composition is required - the presence of all legal facts. In the absence of at least one of them, a pension relationship cannot arise.
State pension The pension established by the state is recognized. The Constitution of the Russian Federation states that “ state pensions... are established by law” (clause 2 of article 39). Federal Law No. 166-FZ of December 15, 2001 “On state pension provision in the Russian Federation” establishes, in accordance with the Constitution of the Russian Federation, the grounds for the emergence of the right to a pension under state pension provision and the procedure for its appointment.
Of particular note is the classification of pensions based on labor and other socially useful activities:
- labor, i.e. earned by labor;
- non-labor, established without connection with labor (social pensions).
In addition to the classification of pensions according to the reasons for their provision - according to life circumstances or the legal basis in the actual composition, as well as labor and non-labor, they can also be divided according to other criteria.
It is quite natural to classify pensions according to the contingent of their recipients and according to the regulations on the basis of which they are assigned: pensions for those who worked under special working conditions or in the Far North, pensions for judges, civil servants, career military personnel, conscripts, disabled people due to war trauma,