Association Self-regulatory organization “Bryansk Regional Association of Designers. Association Self-regulatory organization "Bryansk Regional Association of Designers Federal Law 340 FZ of 03.08
canceled / invalidated Edition from 27.11.2001
Law of the Russian Federation of 20.11.90 N 340-I (as amended on 27.11.2001) "ON STATE PENSIONS IN THE RUSSIAN FEDERATION"
This Law establishes a unified system of republican state pensions in the Russian Federation, ensures the stability of the achieved level of pension provision and its increase as the well-being of the working people grows. Labor and its results are recognized as the main criterion for differentiating the conditions and norms of pension provision.
The grounds for retirement benefits are: reaching the appropriate retirement age, the onset of disability, and for disabled family members of the breadwinner - his death; the basis for the provision of pensions to certain categories of workers is the long-term performance of a certain professional activity.
Labor and social pensions are established by this Law.
In connection with labor and other socially useful activities, counted in the total length of service (Articles 89, 90, 91, 92 of the Law), the following pensions are assigned:
by old age (by age) - Section II of the Law,
on disability - Section III of the Law,
in case of loss of a breadwinner - Section IV of the Law,
for the length of service - Section V of the Law.
Citizens who, for whatever reason, do not have the right to a pension in connection with labor and other socially useful activities, are assigned a social pension (Section VIII of the Law). Such a pension can be assigned, where appropriate, instead of the labor pension (at the request of the applicant).
Citizens of other union republics living in the Russian Federation, foreign citizens and stateless persons have the right to receive a pension on a common basis with citizens of the Russian Federation, unless otherwise provided by law or agreement.
Citizens who are simultaneously entitled to various state pensions are assigned and paid one of them, of their choice.
The right to receive two pensions is granted:
a) citizens who became disabled as a result of a military injury (Article 41 of the Law), participants in the Great Patriotic War (subparagraphs "a" - "g" and "and" subparagraph 1 of paragraph 1 of Article 2 of the Federal Law "On Veterans"), who became disabled due to a general illness, work injury and other reasons (with the exception of persons whose disability occurred as a result of their illegal actions). Old age (or seniority) pensions and a disability pension may be established for them;
B) widows of servicemen who died in the war with Finland, the Great Patriotic War, the war with Japan, who did not remarry. They may receive an old-age pension (disability pension, seniority pension, social pension) and a survivor's pension - for a deceased husband;
c) parents of conscripts who died (died) during military service or died as a result of a military injury after being discharged from military service (except for cases when the death of military personnel occurred as a result of their unlawful actions).
They may be assigned an old-age pension (disability pension, seniority pension, social pension) and a survivor's pension (Article 58.1 of the Law). In this case, a pension on the occasion of the loss of a breadwinner is established for each of the parents of the deceased (deceased) serviceman.
Citizens can apply for a pension at any time after the entitlement to it arises, without any time limit and regardless of the nature of their occupation at the time of application.
In connection with the growth of wages in the country, pensions are subject to calculation and increase by applying the individual pensioner's coefficient, subject to the following conditions:
a) the individual coefficient of a pensioner is determined by multiplying the amount of the pension as a percentage, depending on the length of service, by the ratio of the average monthly earnings for the specified period, from which the pension is calculated, to the average monthly salary in the country for the same period.
The ratio of the average monthly salary of a pensioner to the average monthly salary in the country is established by dividing the average monthly salary of a pensioner for the corresponding period by the average monthly salary in the country for the same period.
When determining the individual coefficient of a pensioner, the ratio of the average monthly earnings of a pensioner to the average monthly wage in the country is taken into account in the amount of not more than 1.2, regardless of the basis for the appointment of a pension, with the exception of cases of determining the individual coefficient of a pensioner to persons living in the regions of the Far North or in areas equated to regions The Far North;
When determining the individual coefficient of a pensioner to persons living in the Far North or in areas equated to the Far North regions, in which regional coefficients to wages have been established by decisions of the USSR government bodies or federal government bodies, the ratio of the average monthly wage of a pensioner to the average monthly wage in country is taken into account in the following dimensions:
not more than 1.4 - for persons residing in the indicated regions and localities in which a regional coefficient of up to 1.5 is set to the wages of employees;
not more than 1.7 - for persons residing in the indicated regions and localities in which a regional coefficient is set to the wages of workers in the amount of 1.5 to 1.8;
not more than 1.9 - for persons residing in the indicated regions and localities in which a regional coefficient is set to the wages of workers in the amount of 1.8 and above.
At the same time, if different regional coefficients to wages are established, when determining the individual coefficient of a pensioner, the coefficient to wages is taken into account, which is in effect in a given region or locality for workers and employees of non-production sectors.
Persons who have received a pension in accordance with part one of Article 14 of the Law, when leaving the regions of the Far North and areas equated to the regions of the Far North, for a new permanent place of residence, the amount of pension is retained, calculated using the corresponding ratio of the average monthly earnings of a pensioner to the average monthly wage in the country specified in paragraph four of this clause.
Pensioners, with the exception of the persons specified in paragraph nine of this clause, when leaving the Far North and areas equated to the Far North regions for a new permanent residence, pensions are calculated using the individual pensioner's coefficient, determined taking into account the ratio of the average monthly earnings of the pensioner to average monthly wages in the country not exceeding 1.2;
b) when determining the individual coefficient of a pensioner in accordance with this article, the calendar periods of work, military and equivalent service provided for in Articles 89, 90 and paragraph "g" of Article 92 of the Law, as well as the periods included in the length of service on the basis of paragraphs " a "and" e "of Article 92 of the Law. In this case, the second part of Article 16 of the Law is not applied.
The amount of a pension for disability due to a general illness with a full length of service (part two of Article 29 of the Law) cannot exceed the amount of an old-age pension assigned with a full length of service (Article 10 of the Law) of equal or greater duration;
c) the increase in the assigned pensions in connection with the increase in wages in the country is carried out four times a year - from February 1, May 1, August 1 and from November 1.
To increase the pension, the individual pensioner's coefficient is applied to the average monthly wage in the country for the period from January 1 to March 31. if the increase is made from May 1; from April 1 to June 30, if the increase is made from August 1; from July 1 to September 30, if the increase is made from November 1; from October 1 to December 31 of the previous year, if the increase is made from February 1 of the following year.
The amount of the newly assigned or recalculated pension is determined in the same manner on the grounds established by the Law;
d) the amount of the pension calculated in accordance with this article, in all cases, cannot be less than the corresponding minimum amount of the pension established by the Law;
e) the amount of the pension calculated in accordance with this article is not subject to limitation to the maximum amount established by the Law;
f) the minimum old-age pension (Article 17 of the Law) and, accordingly, the minimum amounts of other types of pensions are increased within the time frames provided for in paragraph "c" of this Article, while the new minimum pension is determined by multiplying the current minimum pension by the growth index of the average monthly wage in the country for the corresponding quarter. However, in all cases, the minimum old-age pension cannot be lower than the amount provided for in Article 17 of the Law;
g) Abolished.
h) for a pensioner performing paid work, the calculation and increase of the pension in accordance with this article is carried out from the 1st day of the month following the one in which the pensioner stopped performing the specified work.
The average monthly wage in the country for the periods specified in paragraph "c" of this article shall be approved by the Government of the Russian Federation on the proposal of the State Committee of the Russian Federation on statistics no later than January 15, April 15, July 15 and October 15 of the corresponding year.
In cases where the amount of the pension calculated in accordance with this article does not reach the amount provided for by other norms of the Law, the pensioner has the right to choose the calculation of the pension without applying the individual coefficient.
An increase in pensions calculated according to the norms of the Law without the application of an individual coefficient is made within the time frames provided for in paragraph "c" of this article, by indexing in accordance with the increase in the average monthly wage in the country.
Financing of the payment of pensions assigned in accordance with this Law is carried out by the Pension Fund of the Russian Federation at the expense of insurance contributions from employers, citizens and allocations from the federal budget. When amendments and additions are made to this Law, requiring an increase in the costs of paying pensions, the source of financial support for additional costs is determined in the corresponding federal law.
The payment of pensions provided for by this Law for military personnel and citizens equated to them in pension provision, their families, as well as social pensions, is carried out at the expense of funds allocated to the Pension Fund of the Russian Federation from the federal budget.
The pension paid in accordance with this Law is not taxed.
II. PENSIONS FOR OLD AGEThe pension is established on a general basis:
for men - upon reaching 60 years of age and with a total work experience of at least 25 years;
women - upon reaching 55 years of age and with a total work experience of at least 20 years.
Pension on preferential terms is established for the following categories of citizens:
a) women who have given birth to five or more children and raised them up to eight years, as well as mothers with disabilities from childhood who raised them to this age - upon reaching 50 years of age and with a total length of service of at least 15 years;
b) invalids of the Patriotic War and other invalids equated to them in terms of pension provision (article 41 of the Law): men - upon reaching 55 years of age and women - upon reaching 50 years of age and with a general work experience specified in article 10 of the Law;
c) invalids of group I in vision: men - upon reaching 50 years of age and with a total length of service of at least 15 years and women - upon reaching 40 years of age and with a total length of service of at least 10 years;
d) citizens with pituitary dwarfism (lilliputians) and disproportionate dwarfs: men - upon reaching 45 years of age and with a total work experience of at least 20 years, women - upon reaching 40 years and with a total work experience of at least 15 years.
Pension in connection with special working conditions is established:
a) men - upon reaching 50 years old and women - upon reaching 45 years old, if they respectively worked for at least 10 years and 7 years 6 months in underground work, in work with harmful working conditions and in hot shops and their total length of service is at least 20 and 15 years old.
Citizens who have at least half of their work experience in underground work, in work with harmful working conditions and in hot workshops are assigned a pension with a decrease in the age provided for in Article 10 of the Law, by one year for each full year of such work for men and women;
b) men - upon reaching 55 years of age and women - upon reaching 50 years of age, if they have worked, respectively, in jobs with difficult working conditions for at least 12 years 6 months and 10 years and have a total length of service specified in Article 10 of the Law.
Citizens who have at least half of the work experience in difficult working conditions are assigned a pension with a decrease in the age provided for in Article 10 of the Law, by one year for every two years and six months of such work for men and for every two years of such work for women;
c) women - upon reaching 50 years of age, if they have worked as tractor drivers in agriculture, other sectors of the national economy, as well as drivers of construction, road and loading and unloading machines for at least 15 years and have a total work experience specified in the article 10 of the Law;
d) women - upon reaching the age of 50, if they have worked for at least 20 years in the textile industry at work with increased intensity and severity;
e) men - upon reaching 55 years of age, women - upon reaching 50 years of age, if they have worked, respectively, for at least 12 years 6 months and 10 years as working locomotive crews and workers of certain categories who directly organize transportation and ensure traffic safety on railway transport and the subway (according to the list of professions and positions), as well as truck drivers directly in the technological process in mines, in mines, open-pit mines and ore quarries for the transportation of coal, shale, ore, rocks and have a general work experience specified in Article 10 of the Law;
f) men - upon reaching 55 years old, women - upon reaching 50 years old, if they have worked, respectively, for at least 12 years 6 months and 10 years in expeditions, parties, detachments, on sites and in teams directly on field geological exploration, prospecting, topographic geodetic, geophysical, hydrographic, hydrological, forest management and survey work and have a general work experience specified in Article 10 of the Law.
In this case, the period of work directly in the field from six months to a year is taken into account for a year of work, less than six months - according to its actual duration, and for seasonal work - in accordance with Article 94 of this Law;
g) men - upon reaching 55 years of age, women - upon reaching 50 years of age, if they have worked, respectively, for at least 12 years 6 months and 10 years as workers, foremen (including senior ones) directly at logging and timber floating, including maintenance of mechanisms and equipment (according to the list of professions, positions and industries), and have a general length of service specified in Article 10 of the Law;
h) men - upon reaching 55 years of age, women - upon reaching 50 years of age, if they have worked, respectively, for at least 20 and 15 years as machine operators (dockers - machine operators) of complex teams for loading and unloading operations in ports and have a total length of service specified in article 10 of the Law;
i) men - upon reaching 55 years of age, women - upon reaching 50 years of age, if they have worked, respectively, for at least 12 years 6 months and 10 years in the crew on ships of the sea, river fleet and the fleet of the fishing industry (except for port vessels constantly working in the water area port, service and auxiliary, traveling, suburban and intracity traffic) and have a general length of service specified in Article 10 of the Law;
j) men - upon reaching 55 years of age and women - upon reaching 50 years of age, if they have worked as drivers of buses, trolley buses, trams on regular city passenger routes for at least 20 and 15 years, respectively, and have a total length of service specified in Article 10 of the Law ;
k) men and women - upon reaching 40 years of age, if they constantly worked as rescuers in professional emergency rescue services, professional emergency rescue teams (according to the list of positions and specialties approved by the Government of the Russian Federation) for at least 15 years and participated in emergency response ;
l) for men - upon reaching 55 years of age, for women - upon reaching 50 years of age, if they were employed in work with convicts as workers and employees of institutions executing criminal punishments in the form of imprisonment (according to the list of jobs and professions approved by the Government of the Russian Federation) , respectively, at least 15 and 10 years and have a total length of service specified in Article 10 of the Law;
o) men and women - upon reaching 50 years of age, if they have worked for at least 25 years in the positions of the State Fire Service of the Ministry of Internal Affairs of the Russian Federation (fire protection of the Ministry of Internal Affairs, firefighting and emergency rescue services of the Ministry of Internal Affairs), provided for by the list of operational positions State Fire Service of the Ministry of Internal Affairs of the Russian Federation, approved by the Minister of Internal Affairs of the Russian Federation.
Lists of relevant jobs (professions and positions), taking into account the performance of which the pension is established at a reduced retirement age, are approved in the manner determined by the Government of the Russian Federation in agreement with the Pension Fund of the Russian Federation.
Labor activity with special working conditions is summed up in the following order: the work listed in clauses "b" - "c" is joined, the work specified in clause "a" is added to the work listed in clause "b", - the work specified in clauses " e "," f "," g "and" and "to the work listed in clause" c "- the work specified in all clauses, except for clause" d "to the work listed in clause" d ", - the work specified at all points; to the work listed in paragraph "e" - the work specified in paragraphs "b", "f", "g" and "and" to the work listed in paragraph "e", - the work specified in paragraphs "b", "d", "g" and "and" to the work listed in clause "g" - the work specified in clauses "b", "d", "f" and "and" to the work listed in clause "h ", - the work specified in paragraphs" b "," c "," e "," e "," g "," and "and" k "to the work listed in paragraph" and ", - the work specified in paragraphs "b", "d", "f", "g" to the work listed in clause "k" - the work specified in clauses "b", "c", "d", "f", "g" , "z" and "and".
Pension in connection with work in the Far North is established: for men - upon reaching 55 years of age and women - upon reaching 50 years of age, if they have worked for at least 15 calendar years in the Far North regions or at least 20 calendar years in areas equated to the Far North regions , and have a total work experience of at least 25 and 20 years, respectively.
Citizens who worked both in the regions of the Far North and in areas equated to the regions of the Far North, the pension is established for 15 calendar years of work in the Far North. Moreover, each calendar year of work in areas equated to the regions of the Far North is considered nine months of work in the regions of the Far North.
Citizens who have worked in the Far North for at least 7 years 6 months are assigned a pension with a decrease in the age provided for in Article 10 of the Law by four months for each full calendar year of work in these areas. When working in areas equated to the regions of the Far North, as well as in these localities and regions of the Far North, the rule established by part two of this article is applied.
Labor activity specified in Article 12 of the Law is equated to work in the Far North.
The list of regions of the Far North and localities equated to the regions of the Far North is approved by the Government of the Russian Federation.
Citizens who have reached the retirement age specified in Article 10 of the Law and do not have a full general length of service for the appointment of a pension provided for by the same article, a pension is established for incomplete work experience, if it is not less than five years.
The pension is set at 55 percent of earnings (Section VII of the Law) and, in addition, one percent of earnings for each full year of total work experience in excess of that required for the appointment of a pension (Articles 10, 11 and 12 of the Law).
When a pension is assigned in accordance with Articles 12 and 14 of the Law, an increase in its size by one percent of earnings is also made for each full year of special work experience in excess of what is required to establish a pension.
The amount of the pension, calculated in the order indicated above, cannot exceed 75 percent of the earnings.
The minimum pension with a total length of service equal to that required for the appointment of a full pension is not lower than the amount established by federal law.
The maximum pension with a total length of service, equal to that required for the appointment of a full pension, is set at the level of three minimum pension amounts (part one of Article 17 of the Law), and the pension assigned in connection with underground work, work with harmful working conditions and in hot workshops ( paragraph "a" of Article 12 of the Law), - three and a half sizes.
The amount of the pension (part one of this article) shall be increased by one percent for each full year of total length of service in excess of that required for the appointment of a pension, but not more than by 20 percent.
The amount of the pension for incomplete general work experience is determined in proportion to the length of service available, based on the full pension established for 25 years of service for men and 20 years for women (Article 10 of the Law).
The calculation of the pension in proportion to the length of service is as follows: the corresponding full pension is determined; this pension is divided by the number of months of service required; the amount received is multiplied by the number of months of actual experience (in this experience, the period over 15 days is rounded up to a full month, and the period up to 15 days inclusive is not taken into account).
The size of the pension for incomplete general work experience cannot be lower than the social pension (paragraph "b" of Article 114 of the Law).
The pension is assigned for life.
The following allowances are established for the pension:
a) to take care of a pensioner if he is a disabled person of group I or needs constant outside care (help, supervision) at the conclusion of a medical institution, or has reached the age of 80;
b) for disabled dependents (Articles 50 - 53 of the Law), if they themselves do not receive any pension. Disabled Dependents' Supplement is paid to non-working pensioners;
C) participants in the Great Patriotic War (subparagraphs "a" - "g" and "and" subparagraph 1 of paragraph 1 of Article 2 of the Federal Law "On Veterans") who do not receive a disability pension simultaneously with their old-age pension.
The amount of the allowance for caring for a pensioner, if he is a disabled person of group I or has reached the age of 80, is equal to the amount of the social pension specified in paragraph "a" of Article 114 of the Law.
The amount of the allowance for caring for a pensioner, if he has not reached the age of 80 and needs constant outside care (help, supervision) according to the conclusion of a medical institution, as well as an allowance for each disabled dependent of a pensioner is equal to the size of the social pension specified in paragraph "b" of the article 114 of the Law, and for a disabled dependent - a disabled person of the III group - specified in paragraph "c" of this article.
The allowance for the participants of the Great Patriotic War, specified in paragraph "in" part one of this article, is established in the following amounts:
a) those who have reached the age of 80 or are disabled of groups I and II - two minimum old-age pensions (part one of Article 17 of the Law);
b) the rest of the participants of the Great Patriotic War - one minimum old-age pension (part one of Article 17 of the Law).
For work after the appointment of a pension, a supplement is established in the amount of 10 percent of the pension for each year worked (12 full months of work), but not more than three years of work. Such an allowance is established for work after the entry into force of the Law to those citizens who, while continuing to work, had the right to a pension, but did not receive it. Taking into account this allowance, the total amount of the pension is not limited.
The pension established for the unemployed ahead of schedule is not paid to working pensioners. After such citizens reach the retirement age, at which they acquire the right to a pension on a general, preferential basis or in connection with special working conditions, the payment of a pension to them is made in accordance with part one of this article.
III. DISABILITY PENSIONDisability is a violation of the health of a person with a persistent disorder of the body's functions, leading to a complete or significant loss of professional ability to work or significant difficulties in life. Depending on their degree, three groups of disability are distinguished.
Citizens who have completely lost the ability for regular professional work under normal conditions are assigned disability group I if they need constant outside care (help, supervision), and group II, if they do not need such care.
Citizens who have partially lost the ability to regularly work professionally are assigned group III disability.
Disability, its group, reason, and, if necessary, the time of onset, are determined by medical and labor expert commissions (VTEK), acting on the basis of a regulation approved in the manner determined by the Government of the Russian Federation.
Disability group I is established for two years, groups II and III - for one year. The term for re-examination is not established: for men over 60 years old and women over 55 years old, disabled people with irreversible anatomical defects, other disabled people - according to the list of diseases approved in the manner determined by the Government of the Russian Federation.
The pension on a general basis is established upon the occurrence of disability due to the reasons specified in Articles 39, 40, 43 of the Law.
A pension on the grounds provided for military personnel (including partisans of the Great Patriotic War and the Civil War, as well as a cabin boy, sons (pupils) of regiments) is assigned upon the onset of disability due to a military injury (article 41 of the Law) or an illness received during military service (article 42 Law).
On an equal footing with military personnel, a pension is assigned to persons in command and rank and file of the internal affairs bodies. At the same time, disability resulting from injury, contusion, injury sustained in the performance of official duties in the internal affairs bodies is equated to disability due to military injury, and disability due to other reasons that occurred during the period of service in these bodies is equal to disability due to an illness received during military service.
The pension on the grounds specified in Article 26 of the Law is established regardless of when the disability occurred (before the start of labor activity (study), during the period of work (study) or after the termination of it, etc.), and on the grounds specified in Article 27 of the Law, if the disability occurred during the period of military service or not later than three months after dismissal from military service, or later than this period, but due to a military injury or illness received during the period of military service.
A disability pension due to work injury and occupational disease (Articles 39, 40 of the Law) is assigned regardless of the length of the total length of service.
A disability pension due to a general illness (article 43 of the Law) to citizens who become disabled before the age of 20 is also assigned regardless of the length of the total length of service. In other cases, for the appointment of a disability pension due to a general illness, the following work experience is required by the time of the onset of disability: citizens under the age of 23 - at least one year, and at the age of 23 and older - one year, with an increase of four months for each full year of age from 23 years of age, but not more than 15 years.
Upon transition from a disability pension due to work injury, occupational disease, military injury or illness received during military service to a disability pension due to a general illness, the required work experience is determined by age at the time of the initial establishment of disability. This rule applies if the disability interruption does not exceed five years.
Citizens who are invalids of groups I and II due to a general illness and who do not have full work experience for the appointment of a pension (Article 29 of the Law) are assigned a pension with incomplete general work experience.
The pension (except for the pension for disability due to military injury) is established in the following amounts: for disabled people of groups I and II - 75 percent, for group III - 30 percent of earnings.
In cases where the pension cannot be calculated from earnings, it is fixed at a fixed amount equal to the minimum pension (Article 32 of the Law).
The disability pension of I and II groups is set at the level of the minimum old-age pension (part one of Article 17 of the Law), and the pension for disability of the III group is set at the level of 2/3 of the minimum amount of this pension.
The size of the pension for disability groups I and II (part one of this article) shall be increased by one percent for each full year of total length of service in excess of that required for the appointment of an old-age pension with full length of service, but not more than 20 percent.
The maximum size of a pension for disability groups I and II is set at the level of the maximum amount of old-age pension (part one of Article 18 of the Law), and a pension for disability group III - the minimum amount of this pension (part one of Article 17 of the Law).
The size of the pension for disability groups I and II (part one of this article) increases by 1% for each full year of total length of service in excess of the required for the appointment of an old-age pension with full length of service, but not more than 20 percent.
The disability pension of I and II groups with incomplete general work experience is determined on the basis of a full disability pension in the manner prescribed by Article 19 of the Law. Its size cannot be lower than the social pension (paragraph "b" of Article 114 of the Law).
A disability pension due to a military injury (article 41 of the Law) or an illness received during military service (article 42 of the Law) is assigned regardless of the length of the total length of service, including military service.
On an equal basis with military personnel who have become disabled as a result of a military injury, the pension is established:
citizens from among the workers and employees of the relevant categories, whose disability occurred due to injury, contusion, injury or illness received in the area of hostilities, on the front-line sections of railways, at the construction of defensive lines, naval bases and airfields, and pension provision for military personnel in accordance with special decisions of the Government of the USSR;
citizens who have become disabled due to injury, concussion, injury or illness received during their stay in fighter battalions, platoons and detachments for the protection of the people;
citizens called up for training and verification camps and who have become disabled due to injury, concussion or injury received in the line of duty during the period of these fees.
A pension for disability of groups I and II due to military injury (Article 41 of the Law) is assigned in the maximum amount established by the first part of Article 18 of the Law, and a pension for disability of group III due to the same reason - in the amount of half of the specified amount.
Soviet citizens - immigrants from other countries who did not work in the Russian Federation or the USSR, are assigned a pension:
a) for disability due to work injury, occupational disease, military injury received during the Great Patriotic War in the fight against the armies of states that were at war with the USSR - regardless of the length of the total length of service;
b) for disability due to a general illness - in the presence of a total length of service required by age at the time of termination of work (Article 29 of the Law).
(as amended by Federal Law of 14.01.97 N 19-FZ)
The allowances for disability pensions of groups I and II are established as provided for in paragraphs "a", "b" and "in" part one of Article 21 of the Law.
The allowance for the III group disability pension is stipulated by paragraph "in" part one of Article 21 of the Law.
The disability of a worker who performed the work specified in the first part of Article 89 of the Law shall be deemed to have occurred as a result of an injury at work, if an accident that caused damage to health occurred:
a) when performing work duties (including during business trips), as well as when performing any actions in the interests of the organization, even if without instructions from the administration (collective farm board, etc.);
b) on the way to or from work;
c) on the territory of the organization or in another place of work during working hours (including established breaks), during the time necessary to put in order the tools of production, clothing, etc. before starting or at the end of work;
d) near the organization or other place of work during working hours, including the established breaks, if being there did not contradict the internal labor regulations.
In addition, the disability of a citizen is considered to have occurred as a result of a work injury if the accident that caused damage to health also occurred:
e) when undergoing industrial training (practice) or conducting educational experiments (experiments) during study;
f) when performing state duties, as well as assignments of Soviet or public organizations, the activities of which do not contradict the Constitution of the Russian Federation;
g) in the performance of civic duty to save human life, protect property and law and order.
Disability is considered to have occurred as a result of an occupational disease if the disease that caused it is recognized as an occupational one.
The list of occupational diseases is approved in the manner determined by the Government of the Russian Federation.
The disability of citizens who served in military service, including as a cabin boy, sons (pupils) of regiments, is considered to have occurred as a result of a military injury if it is the result of injury, contusion, injury received while defending the USSR, the Russian Federation or while performing other duties of military service (official duties), or an illness associated with being at the front.
The disability of citizens who served in military service, including as a cabin boy, sons (pupils) of regiments, is considered to have occurred as a result of an illness received during military service, if it was the result of injury as a result of an accident not related to the performance of military service duties (official duties), or an illness not related to being at the front.
Disability is considered to have occurred as a result of a general illness, if it is not a consequence of the reasons specified in Articles 39, 40, 41, 42 of the Law.
When disability increases due to another reason, the reason for the disability is determined at the request of the disabled person.
The pension is established for the period for which the disability is determined (Article 25 of the Law).
When the disability group is revised, the pension in the new amount is paid from the day the disability group is changed. If the disability has not been established, then the pension is paid until the end of the month in which the re-examination was carried out, but no longer than until the day on which the disability was established.
If a citizen does not appear at the appointed time for re-examination at VTEK, then the payment of the pension is suspended. It is renewed from the day when the citizen is again recognized as disabled. If the term for re-examination is missed for a good reason and the VTEK has established a disability for the past time, the pension is paid from the day from which the citizen is recognized as disabled. If, during the re-examination, a different disability group is established (higher or lower), then the pension is paid for the specified time according to the previous group.
A previously granted disability pension due to a general illness shall be restored if no more than five years have passed since the date of termination of its payment due to the expiration of the period for which the disability was established. The restoration of a previously granted disability pension due to other reasons is not limited in time.
In the event of the onset of disability again after the break, the disability pension may be assigned (at the request of the disabled person) on a general basis.
Pension is paid to working pensioners in full (excluding the allowance for dependents).
IV. PENSION IN CASE OF LOSS OF FARMERThe disabled family members of the deceased who were dependent on him have the right to a pension (article 53 of the Law). Parents and widows (widowers) of citizens who died as a result of a military injury, one of the parents or spouse, another family member specified in paragraph "c" of this article, as well as each of the parents of military personnel who did military service by conscription, who died (died) in the period of military service or those who died as a result of a military injury after dismissal from military service (except for cases when the death of servicemen occurred as a result of their unlawful actions), the pension is assigned regardless of whether they were dependent on the deceased (deceased).
Disabled family members are:
a) children, brothers, sisters and grandchildren under 18 years of age or older, if they became disabled before reaching 18 years of age, while brothers, sisters and grandchildren - provided that they do not have able-bodied parents;
b) father, mother, spouse (wife, husband), if they have reached 60 or 55 years of age (respectively, men and women) or are disabled;
c) one of the parents or spouse, or grandfather, grandmother, brother or sister, regardless of age and ability to work, if he (she) is engaged in caring for the children, brothers, sisters or grandchildren of the deceased breadwinner under the age of 14 and does not work;
d) grandfather and grandmother - in the absence of persons who are legally obliged to support them;
e) parents of the dead (deceased) military personnel who did military service by conscription, if they have reached the age of 55 and 50 (men and women, respectively) (Article 58.1 of the Law).
The parents and spouse of the deceased who were not dependent on him are entitled to a pension if they subsequently lose their source of livelihood.
Students, pupils aged 18 and over, but no more than until they reach the age of 23, are entitled to a survivor's pension until the end of full-time education in educational institutions of all types and types, regardless of their organizational and legal forms, with the exception of educational institutions of additional education.
A stepfather and stepmother have the right to a pension on an equal basis with a father and a mother, provided that they raised or supported a deceased stepson or stepdaughter for at least five years.
The stepson and stepdaughter have the right to a pension on an equal basis with their own children.
The family members of the deceased are considered to be dependent on him if they were fully supported by him or received help from him, which was for them a permanent and main source of livelihood.
Family members of the deceased, for whom his help was a constant and main source of livelihood, but who themselves received some kind of pension, have the right to transfer to a pension on the occasion of the loss of the breadwinner.
The dependence of the children of deceased parents is assumed and does not require proof.
Families of missing citizens are equated to the families of the deceased, if the unknown absence of the breadwinner is certified in accordance with the established procedure. At the same time, the families of servicemen who disappeared during the period of hostilities are equated with the families of those killed as a result of a military trauma (Article 66 of the Law).
Minors who are eligible for a pension (Article 50 of the Law) retain this right upon adoption.
The pension granted on the occasion of the loss of the breadwinner - spouse is retained upon entering into a new marriage.
The pension is assigned on a general basis if the death of the breadwinner is due to an injury at work, an occupational or general illness.
A pension on the grounds established for the families of military personnel (including families of partisans of the Great Patriotic War and the Civil War) is assigned if the death of the breadwinner is due to a military injury or illness received during military service.
On an equal basis with the families of military personnel, the pension is assigned to the families of the commanders and rank-and-file personnel of the internal affairs bodies. At the same time, the death of the breadwinner resulting from injury, contusion, mutilation received during the performance of official duties in the internal affairs bodies is equated to the death of the breadwinner due to a military injury, and the death of the breadwinner due to other reasons that occurred during the period of service in these bodies, - to the death of the breadwinner due to an illness received during military service.
A pension on the grounds established for the parents of dead (deceased) military personnel who served in military service on conscription shall be assigned if the death (death) occurred during the period of military service or after dismissal from military service due to military injury (except for cases when the death of military personnel occurred as a result of their illegal actions).
(as amended by Federal Law of 01.06.99 N 110-FZ)
The pension on the grounds specified in Article 57 of the Law shall be established regardless of when the death of the breadwinner occurred, but on the grounds specified in Article 58 of the Law if the death of the breadwinner occurred during military service or not later than three months after dismissal from military service, or later than this period, but due to a military injury or illness received during the period of military service.
A pension in the event of loss of a breadwinner due to work injury and occupational disease shall be assigned regardless of the length of service of the breadwinner.
A pension for the loss of a breadwinner due to a general illness is established if the breadwinner on the day of death had a total length of service that would be necessary for him to receive a disability pension (Article 29 of the Law).
Families of citizens who have died as a result of a general illness and do not have a full length of service sufficient for the appointment of a pension (Article 29 of the Law) are assigned a pension with incomplete general work experience of the breadwinner.
The survivor's pension (except for the survivor's pension due to a military injury and survivor's pension to the parents of dead (deceased) military personnel who did military service) is set at 30 percent of the breadwinner's earnings for each disabled family member, and for each a child who has lost both parents, and a deceased single mother - in one and a half the size of the minimum old-age pension (part one of Article 17 of the Law).
The pension, including for incomplete general work experience of the breadwinner, cannot be lower than the social pension specified in paragraph "b" of Article 114 of the Law, per each disabled family member.
The maximum pension is set at the level of the minimum old-age pension (part one of Article 17 of the Law) for each disabled family member, with the exception of the pension for children who have lost both parents and a deceased single mother (Article 62 of the Law), as well as pensions for the parents of the deceased ( dead) of military personnel who served on conscription (Article 68.1 of the Law).
The amount of the pension for incomplete general work experience of the breadwinner is determined (based on the full pension) in the manner prescribed by Article 19 of the Law.
The death of the breadwinner is considered to have occurred as a result of work injury, occupational disease, military injury, illness received during military service, general illness, if it was the result of the reasons indicated, respectively, in Articles 39, 40, 41, 42, 43 of the Law.
A pension in the event of the loss of a breadwinner due to a military injury or illness received during military service is assigned regardless of the length of the breadwinner's total work experience, including military service.
On an equal basis with the families of servicemen who died as a result of a military injury, the pension is established for the families of citizens listed in Article 35 of the Law who died as a result of such an injury.
A pension in the event of loss of a breadwinner due to a military injury shall be assigned in the maximum amount established by article 64 of the Law.
The survivor's pension to the parents of dead (deceased) military servicemen who served in the military (Article 58.1 of the Law) is established for each parent in the amount of three minimum old-age pension (part one of Article 17 of the Law).
Families of deceased pensioners are assigned a pension on a general basis, regardless of the length of the breadwinner's total work experience.
Families of deceased pensioners who have become disabled as a result of a military injury are assigned a pension according to the rules established by Articles 67, 68 of the Law, regardless of the cause of death of the pensioner.
The families of deceased pensioners include those families whose breadwinner died during the period of receiving the pension or not later than five years after the termination of the payment of the pension.
The following allowances are established for the pension: for caring for a pensioner - on the conditions and in the amount stipulated by Article 21 of the Law; children - invalids and invalids from childhood of I and II groups, who have lost both parents, as well as the indicated children of a deceased single mother - in the amount of the social pension provided for in paragraph "a" of Article 114 of the Law.
(as amended by Federal Law of 04.08.94 N 12-FZ)
The pension is established for the entire period during which a family member of the deceased is considered incapable of work (Article 50 of the Law).
When the number of family members provided with a pension changes, the pension is revised according to the number of family members who are entitled to receive it.
The pension in the new amount is paid from the first day of the month following the one in which the circumstances occurred that entail a change in the amount of the pension. Upon the occurrence of circumstances entailing the termination of the payment of the pension, the payment of the pension is terminated from the same period.
Children who have lost both parents and a deceased single mother are paid 50 percent of their pension for the period of their full state support, and other children - 25 percent.
The social pension established for children who have lost their parents is paid in the same manner.
For the period when children are in child care institutions with full state support, the difference between the assigned and relying on the payment of pensions to children should be transferred to the accounts of these institutions.
At the request of any family member, his share of the pension is allocated and paid separately. At the same time, the share of the pension for children who have lost both parents and a deceased single mother is determined in the amount established by Article 62 of the Law.
The share of the pension is allocated from the first day of the month following the one in which the application for the division of the pension was received.
Family members for whom a survivor's pension is established in connection with disability are subject to the rules provided for in Articles 23 - 25, 47, 48 of the Law.
Working pensioners are paid their pension in full.
V. PENSION FOR YEAR SERVICEThe seniority pension is established in connection with long-term underground work, other work with especially harmful and difficult working conditions, as well as some other professional activity.
Citizens directly employed full-time in underground and opencast mining (including the personnel of mine rescue units) for the extraction of coal, shale, ore and other minerals and in the construction of mines and mines (according to the list of jobs and professions approved by the Government of the Russian Federation), have the right to a pension, regardless of age, if they have worked in these jobs for at least 25 years, and workers in the leading professions in these jobs are miners of a longwall, tunnellers, jackhammers, operators of mining excavation machines, if they did not work in such jobs less than 20 years.
Pension in connection with work on the ships of the sea fleet of the fishing industry for the extraction, processing of fish and seafood, the receipt of finished products in the field (regardless of the nature of the work performed), as well as on certain types of ships of the sea, river and fishing industry fleet is established for men with length of service at least 25 years old, women - 20 years old.
A pension in connection with work as a rescuer in professional emergency rescue services, professional emergency rescue teams (according to the list of positions and specialties approved by the Government of the Russian Federation) can be established regardless of age with a length of service of at least 15 years.
The pension in connection with work in the flight and flight test personnel is established: for men with a length of service of at least 25 years, for women - at least 20 years; upon leaving flight work for health reasons - for men with a length of service of at least 20 years, for women - at least 15 years.
Pension in connection with work on air traffic control is established: for men - upon reaching 55 years of age and with a total work experience of at least 25 years, of which at least 12 years 6 months of work in direct control of aircraft flights; women - upon reaching 50 years of age and with a total work experience of at least 20 years, of which at least 10 years of work in direct flight control of aircraft.
The pension in connection with work in the engineering and technical staff for servicing aircraft is established: for men - upon reaching 55 years of age and with a total length of service in civil aviation for at least 25 years, of which at least 20 years for direct servicing of aircraft; women - upon reaching 50 years of age and with a total work experience in civil aviation of at least 20 years, of which at least 15 years in direct servicing of aircraft.
Pensions in connection with pedagogical activities in schools and other institutions for children are established for at least 25 years of service.
A pension in connection with medical and other work to protect the health of the population is established with a length of service of at least 25 years in rural areas and urban-type settlements and at least 30 years in cities.
The pension in connection with creative work on stage in theaters and other theatrical and entertainment organizations and collectives is established for 15, 20, 25 or 30 years of service, depending on its nature.
Lists of relevant jobs (professions and positions), taking into account which a seniority pension is assigned, and, if necessary, the rules for calculating length of service and the appointment of pensions, are approved by the Government of the Russian Federation in agreement with the Pension Fund of the Russian Federation.
The pension (except for the pension for workers employed in underground and opencast mining) is set in the amount of 55 to 75 percent of earnings. If the length of service is equal to the required one, the pension is 55 percent of earnings; for each full year of service in excess of the required, it increases by one percent of earnings. With the length of service in the flight and flight test personnel for men from 20 to 25 years old and for women from 15 to 20 years old (part one of Article 79 of the Law), the pension is reduced by 2 percent of earnings for each year (including incomplete), missing to full length of service.
The size of the pension for class I test pilots is increased by 10 percent. In all cases, the amount of the pension cannot exceed 75 percent of the earnings. At the same time, the restrictions established by Article 86 of the Law are not applied.
The pension for workers employed in underground and opencast mining (Article 78 of the Law) is set at 75 percent of earnings.
The minimum pension is determined at the level of the minimum old-age pension (part one of Article 17 of the Law).
The size of the pension (part one of this article) is increased by one percent for each full year of special length of service (length of service) in excess of that required for the appointment of a pension, but not more than 20 percent.
The maximum pension is determined at the level of the general maximum old-age pension (part one of Article 18 of the Law), and for civil aviation flight personnel at the level of three and a half of the minimum old-age pension.
The maximum amount of pension (part one of this article) is increased by 1 percent for each full year of special length of service (length of service) in excess of that required for the appointment of a pension, but not more than 20 percent.
An allowance is established for the seniority pension, provided for by paragraph "in" part one of Article 21 of the Law.
Pension (except for the pension for workers employed in underground and opencast mining, as well as the pension assigned in connection with teaching activities in schools and other institutions for children, and the pension assigned in connection with medical and other work to protect the health of the population in rural areas and urban-type settlements) is paid subject to the abandonment of the work (service), taking into account which it is established. When performing other work, the pension is paid in the manner prescribed by the first part of Article 22 of the Law.
Pensions assigned to workers employed in underground and opencast mining, as well as a pension assigned in connection with teaching activities in schools and other institutions for children, and a pension assigned in connection with medical and other work to protect the health of the population in rural areas and urban-type settlements (Articles 78, 80, 81 of the Law), are paid in the manner prescribed by part one of Article 22 of the Law, regardless of the nature of the work.
Vi. WORK EXPERIENCE AND ITS CALCULATIONTaking into account the total length of service, that is, the total duration of labor and other socially useful activities specified in this section of the Law, an old-age pension is established, and in appropriate cases, a disability pension and a survivor's pension.
Taking into account the special length of service, that is, the total duration of a certain labor activity (service), an old-age pension is established in connection with special working conditions (article 12 of the Law), work in the Far North (article 14 of the Law), as well as a pension for length of service ( Section V of the Law).
The general length of service includes any work as a worker, employee (including work for hire before the establishment of Soviet power and abroad), a member of a collective farm or other cooperative organization; other work in which the employee, not being a worker or employee, was subject to state social insurance; work (service) in the militarized guard, in the bodies of special communications or in the mine rescue unit, regardless of its nature; individual labor activity, including in agriculture.
The period of creative activity of members of the creative unions of the USSR and the union republics - writers, artists, composers, filmmakers, theater workers and others, as well as writers and artists who are not members of the corresponding creative unions, is equated to the above work. The experience of creative activity is calculated in the manner determined by the Government of the Russian Federation.
Service in the Armed Forces of the Russian Federation and other military formations created in accordance with the legislation of the Russian Federation, the Joint Armed Forces of the Commonwealth of Independent States, the Armed Forces of the former USSR, in the internal affairs bodies, foreign intelligence bodies, counterintelligence bodies of the Russian Federation, ministries and departments of the Russian Federation , in which the law provides for military service, the former state security bodies of the Russian Federation, as well as the state security and internal affairs bodies of the former USSR (including during the period when these bodies were called differently), stay in partisan detachments during the civil and Great World War II are included in the total length of service on a par with the work listed in Article 89 of the Law.
Preparation for professional activity - training in colleges, schools and courses for training, advanced training and retraining, in secondary specialized and higher educational institutions, staying in graduate school, doctoral studies, clinical residency is included in the general work experience along with the work listed in article 89 of the Law.
The total length of service includes, along with the work specified in Article 89 of the Law, the following periods:
a) temporary incapacity for work, which began during the period of work, and disability of groups I and II due to an injury related to work or an occupational disease;
b) caring for a disabled person of group I, a disabled child, the elderly, if he needs constant care at the conclusion of a medical institution;
c) the care of an unemployed mother for each child under the age of three years and 70 days before his birth, but no more than 9 years in total;
d) the residence of the wives (husbands) of military personnel doing military service under contract, together with their husbands (wives) in areas where they could not work in their specialty due to the lack of employment opportunities;
e) residence abroad of wives (husbands) of workers of Soviet institutions and international organizations, but not more than 10 years in total;
f) stay in places of detention in excess of the period specified during the review of the case;
g) payment of unemployment benefits, participation in paid public works and relocation to the employment service in another locality and employment.
When establishing an old-age pension in connection with special working conditions in accordance with Article 12 of the Law, the time of disability of groups I and II due to an injury related to work or an occupational disease is equal to the work in which the indicated injury or disease was received.
The periods counted in seniority are calculated according to their actual duration, with the exception of the cases listed in Article 94 of the Law and special rules for calculating the length of service (Article 83 of the Law).
When calculating the length of service specified in Articles 10, 11, 12, 29 of the Law, the following periods of work (service) are calculated on a preferential basis:
a full navigation period on water transport, a full season in organizations and organizations of seasonal industries - for a year of work. The list of relevant seasonal jobs is approved in the manner determined by the Government of the Russian Federation;
in leper colony and anti-plague institutions - double the amount;
in military units, headquarters and institutions that are part of the active army, in partisan detachments and formations during the period of hostilities, as well as the time spent on treatment in medical institutions due to military trauma (Article 41 of the Law) - tripled;
in Leningrad during the blockade (from September 8, 1941 to January 27, 1944) - tripled;
during the Great Patriotic War (from June 22, 1941 to May 9, 1945), with the exception of work in areas temporarily occupied by the enemy - double the amount;
in the regions of the Far North and areas equated to the regions of the Far North - in one and a half size;
conscript military service - doubled.
Citizens who were unjustifiably brought to criminal responsibility, unjustifiably repressed and subsequently rehabilitated, the time of detention, stay in places of detention and exile is counted in the total length of service threefold.
Citizens who lived in areas temporarily occupied by the enemy during the Great Patriotic War, and who reached 16 years of age by the day of occupation or during its period, are included in the total length of service during their stay at the age of 16 or older in the occupied territory of the USSR or other states, as well as on the territory of states that were at war with the USSR, except for cases when they committed a crime during the specified period.
Citizens who lived in Leningrad during the period of its blockade (from September 8, 1941 to January 27, 1944), as well as citizens - prisoners of Nazi concentration camps, respectively, the time spent in the besieged city of Leningrad and being in concentration camps during the Great Patriotic War war is counted in the total length of service in double the amount, except for cases when they committed a crime during the specified period.
The length of service acquired before registration as an insured person in accordance with the Federal Law "On Individual (Personified) Registration in the State Pension Insurance System" is established on the basis of documents issued in accordance with the established procedure by the relevant state and municipal bodies and organizations.
The length of service acquired after registration as an insured person is established on the basis of information from individual (personified) records.
The length of service (except for work for individual citizens) specified in the first part of Article 89 of the Law may be established on the basis of the testimony of two or more witnesses, if documents on labor activity are lost due to a natural disaster (earthquake, flood, hurricane, fire, etc.). and it is impossible to restore them. In some cases, it is allowed to establish the length of service based on testimony in case of loss of documents for other reasons (for example, due to careless storage, deliberate destruction, etc.).
In the event that foreign citizens or stateless persons and their families require a certain total length of service for the appointment of a pension, work abroad is included in such length of service if at least two-thirds of it falls on work in the USSR, unless otherwise provided by the contract.
Vii. CALCULATION OF PENSIONS FROM EARNINGSPension in connection with labor and other socially useful activities (Article 3 of the Law) is calculated according to the established norms from the average monthly earnings, except for cases of its appointment in the appropriate maximum amount to citizens who have become disabled in connection with a military injury, families of citizens who died as a result of such an injury (Articles 36, 68 of the Law), as well as children who have lost both parents, and children of a deceased single mother (Article 62 of the Law).
For citizens for whom the pension cannot be calculated from earnings, it is established in fixed amounts equal to the minimum amounts of the respective pensions.
The earnings for calculating pensions include all types of payments (income) received in connection with the performance of work (official duties) provided for in Article 89 of the Law, on which insurance contributions are charged to the Pension Fund of the Russian Federation.
The types of payments for which insurance contributions to the Pension Fund of the Russian Federation are not charged are determined by the Government of the Russian Federation.
Along with the payments provided for in part one of this article, the earnings for calculating pensions also include:
a) the monetary allowance of military personnel and persons equated to them in pension provision, paid for the period of service (Article 90 of the Law);
b) temporary disability benefit;
c) scholarship paid for the period of study (Article 91 of the Law).
In-kind earnings are valued at state retail prices for the period when wages were made.
The average monthly earnings when assigning a pension is determined (at the request of the applicant for a pension): for the last 24 months of work (service, except for military service) before applying for a pension or for any 60 months of work (service) in a row during the entire labor activity before applying for a pension ...
From the number of months for which the average monthly earnings are calculated, incomplete months of work due to its beginning or termination not from the first day of the month and months (including incomplete) leave provided in connection with childcare are excluded (at the request of the person applying for a pension) under the age of three, as well as the time during which the citizen was disabled or received compensation for damage caused by injury or other damage to health, caring for a disabled person of group I, a disabled child or the elderly in need of outside care at the conclusion of a medical institution ... In this case, the excluded months are replaced by others immediately preceding the selected period or immediately following it.
The average monthly earnings, determined by parts one and two of this article, for the periods before registration as an insured person in accordance with the Federal Law "On individual (personified) accounting in the state pension insurance system" is established on the basis of documents issued in accordance with the established procedure by the relevant state and municipal bodies, organizations.
Average monthly earnings for the periods after registration as an insured person is established on the basis of individual (personified) accounting information.
Average monthly earnings for the periods specified in Article 102 of the Law are calculated by dividing the total amount of earnings for 24 months of work (service) and 60 months of work (service), respectively, by 24 and 60.
If the work lasted less than 24 months, the average monthly earnings are calculated by dividing the total amount of earnings for the months actually worked by the number of these months.
In cases where the period of work is less than one full calendar month, the pension is calculated based on the conditional monthly earnings. It is determined as follows: earnings for all time worked is divided by the number of days worked and the amount received is multiplied by the number of working days in a month, calculated on average for the year (21.2 - with a five-day working week; 25.4 - with a six-day working week) ... In this case, the earnings from which the pension is calculated cannot exceed the sum of two tariff rates (salaries) of the employee.
The procedure for increasing earnings in connection with an increase in the cost of living and changes in the level of nominal wages is established by law.
The earnings of persons working for individual citizens for their service, accepted for calculating pensions, is limited to the amount of earnings of workers and employees of the corresponding profession and qualifications employed in state organizations and in public service organizations.
For members of the creative unions of the USSR and the union republics, other creative workers (part two of Article 89 of the Law), the pension is calculated on the general basis established by this section of the Law. At the same time, their average monthly earnings are determined for the last two calendar years before applying for a pension or for any five consecutive calendar years during their entire labor activity before applying for a pension.
Pensions to Soviet citizens - migrants from other countries who did not work in the USSR, are calculated from the average monthly earnings of workers and employees of the corresponding profession and qualifications in the USSR; they have acquired sufficient experience to establish a full pension, the pension is recalculated regardless of how much time has passed since the appointment of the pension.
The pension is recalculated at the request of the pensioner from the earnings from which it was assigned (recalculated) earlier, or from earnings as in the case of a new assignment of a pension.
Pensioners who have worked after the appointment of a pension for at least 24 months with a higher earnings, the pension can be recalculated (at their request) based on the average monthly earnings calculated for 24 consecutive months of work after the appointment of the pension, in the manner prescribed by Articles 102 and 103 of the Law.
Each subsequent recalculation is made no earlier than 24 months of work after the previous recalculation.
A) Heroes of the Soviet Union, Heroes of the Russian Federation and citizens awarded the Order of Glory of three degrees - 100 percent of the size of the pension, but not less than 200 percent of the minimum old-age pension (part one of Article 17 of the Law), Heroes of Socialist Labor - for 50 percent of the pension, but not less than 100 percent of the minimum old-age pension (part one of Article 17 of the Law);
B) Olympic champions - by 50 percent, but not less than 100 percent of the minimum old-age pension (part one of Article 17 of the Law);
c) citizens awarded the Order of Labor Glory of three degrees or the Order "For Service to the Motherland in the Armed Forces of the USSR" of three degrees - by 15 percent;
D) participants in the Great Patriotic War (subparagraphs "a" - "g" and "and" subparagraph 1 of paragraph 1 of Article 2 of the Federal Law "On Veterans") - by 100 percent of the minimum old-age pension (part one of Article 17 of the Law);
e) citizens - former underage prisoners of concentration camps, ghettos and other places of detention created by the Nazis and their allies during the Second World War - by 100 percent of the minimum old-age pension (part one of Article 17 of the Law);
f) citizens who were in military service for at least six months in the period from June 22, 1941 to September 3, 1945 (with the exception of citizens specified in paragraph "d" of this article) - 50 percent of the minimum old-age pension (part the first article 17 of the Law);
g) citizens (except those specified in paragraph "e" of this article) who worked for at least six months during the Great Patriotic War (from June 22, 1941 to May 9, 1945), excluding the time of work in areas temporarily occupied by the enemy, or awarded orders and medals of the USSR for selfless labor and impeccable military service in the rear during the Great Patriotic War - 50 percent of the minimum old-age pension (part one of Article 17 of the Law). An increase in pensions for citizens born before December 31, 1931 inclusive, shall be carried out without demanding evidence of the time of work, determined by Articles 96 and 97 of the Law;
h) citizens awarded the badge "Resident of besieged Leningrad" (with the exception of citizens specified in paragraphs "f", "g" of this article) - by 100 percent of the minimum old-age pension (part one of Article 17 of the Law);
i) citizens unreasonably repressed for political reasons and subsequently rehabilitated - by 50 percent of the minimum old-age pension (part one of Article 17 of the Law);
j) persons with disabilities from childhood due to injury, concussion or injury associated with hostilities during the Great Patriotic War or with their consequences, receiving an old-age pension, disability pension or in case of loss of a breadwinner - per 100 dependents, is taken into account for calculating an allowance for only one from retirees, of their choice.
The minimum sizes of labor pensions and social pensions are determined for citizens living in areas where regional coefficients to the wages of workers and employees are established, using the appropriate coefficient for the entire period of their residence in these areas. Moreover, if different coefficients are established, the coefficient applicable in the given area for workers and employees of non-production sectors is applied.
In the same manner, the maximum size of labor pensions is determined for these citizens.
b) disabled persons of group II (except for disabled persons from childhood), children who have lost one of their parents, and citizens who have reached 65 and 60 years of age (men and women, respectively) - in the amount of 2/3 of the minimum old-age pension (part one of Article 17 of the Law );
c) invalids of the III group - in the amount of 1/2 of the minimum old-age pension (part one of Article 17 of the Law).
Citizens for whom a social pension is established in connection with disability are subject to the rules provided for in Articles 23 - 25, 47, 48 of the Law.
Article 38 of this Law shall apply in the part of the calculation of the care allowance to the pension assigned to persons with disabilities of group I since childhood, disabled children.
(as amended by the RF Law of 15.01.93 N 4297-1)
The day of applying for a pension is the day of filing an application with all the necessary documents. When sending an application and documents by mail, the date of their dispatch is considered the day of application.
In cases where not all the documents necessary for the appointment of a pension are attached to the application, the applicant is given an explanation of which documents he must submit additionally. If they are submitted no later than three months from the date of receipt of the corresponding clarification, the day of application is considered to be the day of submission of the application.
The application for the appointment of a pension is considered by the social protection body no later than 10 days after it is received with all the necessary documents or additional documents are received.
The corresponding pension is assigned earlier than the day of applying for it (Article 118 of the Law) in the following cases:
old-age pension and seniority pension - from the date of termination of work (service), if the application for it was followed no later than a month from the day of leaving the job;
disability pension - from the date of establishment of disability, if the application for it was followed no later than 12 months from that day;
survivor's pension - from the date of death of the breadwinner, if the appeal was followed no later than 12 months from the date of his death; when applying for a pension later, it is appointed one year earlier than the day when the application for it followed.
In all cases, the pension is assigned no earlier than from the day the right to it arises.
Pension payments are made for the current month. Delivery and shipment of pensions is carried out at the expense of the state.
those living in state or municipal inpatient social service institutions are paid 25 percent of the assigned pension.During the period of temporary absence of a pensioner from the specified institutions, he is paid 75 percent of the assigned pension. In this case, the period of temporary absence of a pensioner is considered to be a calendar period from one to three months.
If a pensioner living in state or municipal stationary social service institutions (excluding periods of temporary absence of a pensioner in these institutions) has disabled family members who are dependent on him, then the pension is paid in the following order: for one family member - a quarter of the pension, for for two family members - a third of the pension, for three or more family members - half of the pension, for the pensioner himself - 25 percent of the pension.
three years before applying for them.Pension amounts that have not been received in a timely manner due to the fault of the bodies appointing or paying pensions are paid for the past time without any time limit.
During the period of imprisonment of a pensioner by a court verdict, the payment of the assigned pension is suspended.
Pension amounts due to a pensioner and not received in connection with his death are paid to his heirs on a general basis.
The family members of the deceased who perform the funeral are paid these amounts prior to accepting the inheritance.
X. RESPONSIBILITY OF ORGANIZATION AND CITIZENS. RESOLUTION OF DISPUTES ON PENSION ISSUES the occurrence of circumstances entailing a change in the size of the pension or the termination of its payment.In case of non-fulfillment of these obligations and payment of excessive amounts of pension in connection with this, the organization and the pensioner shall reimburse the relevant body for social protection of the population for the damage caused.
The amounts of pensions overpaid to a pensioner as a result of his abuse (submission of documents with deliberately incorrect information, concealment of changes in the composition of the family, to which the survivor's pension is paid, etc.) may be withheld from the pension by the decision of the body paying the pension. The amount of deductions on this basis should not exceed 20 percent of the pension due to a pensioner for payment, in addition to deductions on other grounds. In all cases of appeal
This Law comes into force: in terms of pensions for disabled veterans and other war veterans (including civilians), families of soldiers killed, citizens unreasonably repressed for political reasons and subsequently rehabilitated, the minimum size of labor pensions, pensions for children - round orphans, participants in the liquidation of the consequences of the accident at the Chernobyl nuclear power plant, social pensions, as well as in terms of norms not related to the size of pensions and the procedure for calculating pensions and earnings (Section VII of the Law) - from March 1, 1991; in the rest - from January 1, 1992, while until May 1, 1992, pensions are paid in an amount not exceeding the minimum old-age pension provided for in the first part of Article 17 of the Law, not counting allowances to them.
Upon submission of additional documents after the entry into force of this Law (on seniority, earnings, etc.), giving the right to further increase the previously assigned pension, the pension is recalculated again. In this case, the recalculation of the pension is made from the date of entry into force of the Law, but not more than 12 months in advance (the month of submission of documents is excluded).
If these documents are submitted after July 1, 1993, the pension is recalculated on the general basis established by Article 121 of the Law.
Citizens who received a pension before the entry into force of this Law, who, under the conditions and norms of the Law, do not have the right to a higher pension, it remains in the previously established amount, but not lower than the minimum old-age pension established by this Law.
The pension established after the entry into force of this Law under the conditions and norms of the previously effective legislation is paid in the same manner.
The time of underground work performed before January 1, 1992, work with harmful working conditions and in hot shops, as well as other work with difficult working conditions, which give the right to receive a pension on preferential terms until January 1, 1992, is counted in the special length of service, with taking into account which an old-age pension is assigned on an equal basis with the work indicated, respectively, in paragraphs "a" and "b" of Article 12 of this Law.
On the Zakonbase website you will find the RF LAW of 20.11.90 N 340-I (as amended on 27.11.2001) "ON STATE PENSIONS IN THE RUSSIAN FEDERATION" in a fresh and complete version, in which all changes and amendments have been introduced. This guarantees the relevance and accuracy of the information.
At the same time, you can download the RF LAW of 20.11.90 N 340-I (as amended on 27.11.2001) "ON STATE PENSIONS IN THE RUSSIAN FEDERATION" can be completely free of charge, both completely and in separate chapters.
in case of loss of a breadwinner - Section IV of the Law,
Citizens who, for whatever reason, do not have the right to a pension in connection with labor and other socially useful activities, are assigned a social pension (Section VIII of the Law). Such a pension can be assigned, where appropriate, instead of the labor pension (at the request of the applicant).
Article 4. Right to a pension of citizens of other union republics, foreign citizens and stateless persons
Citizens of other union republics living in the Russian Federation, foreign citizens and stateless persons have the right to receive a pension on a common basis with citizens of the Russian Federation, unless otherwise provided by law or agreement.
Article 5. Right to choose a pension
Citizens who are simultaneously entitled to various state pensions are assigned and paid one of them, of their choice.
The right to receive two pensions is granted:
a) citizens who became disabled as a result of a military injury (Law), participants in the Great Patriotic War (subparagraphs "a" - "g" and the Federal Law "On Veterans"), who became disabled due to a general illness, work injury and other reasons (with the exception of persons whose disability occurred as a result of their illegal actions). They may be assigned an old-age (or seniority) pension and a disability pension;
b) widows of servicemen who died in the war with Finland, the Great Patriotic War, the war with Japan, who did not remarry. They may receive an old-age pension (or a disability pension, seniority pension, social pension) and a survivor's pension - for a deceased husband.
c) parents of conscripts who died (died) during military service or died as a result of a military injury after being discharged from military service (except for cases when the death of military personnel occurred as a result of their unlawful actions).
An old-age pension (disability pension, seniority pension, social pension) and a survivor's pension (Law) may be established for them. In this case, a pension on the occasion of the loss of a breadwinner is established for each of the parents of the deceased (deceased) serviceman.
Article 6. Applying for a pension
Citizens can apply for a pension at any time after the entitlement to it arises, without any time limit and regardless of the nature of their occupation at the time of application.
Article 7. Calculation and increase of pensions in connection with the growth of wages in the country
In connection with the growth of wages in the country, pensions are subject to calculation and increase by applying the individual pensioner's coefficient, subject to the following conditions:
a) the individual coefficient of a pensioner is determined by multiplying the amount of the pension as a percentage, depending on the length of service, by the ratio of the average monthly earnings for the specified period, from which the pension is calculated, to the average monthly salary in the country for the same period.
The ratio of the average monthly salary of a pensioner to the average monthly salary in the country is established by dividing the average monthly salary of a pensioner for the corresponding period by the average monthly salary in the country for the same period.
When determining the individual coefficient of a pensioner, the ratio of the average monthly earnings of a pensioner to the average monthly wage in the country is taken into account in the amount of not more than 1.2, regardless of the basis for the appointment of a pension, with the exception of cases of determining the individual coefficient of a pensioner to persons living in the regions of the Far North or in areas equated to regions The Far North.
When determining the individual coefficient of a pensioner to persons living in the Far North or in areas equated to the Far North regions, in which regional coefficients to wages have been established by decisions of the USSR government bodies or federal government bodies, the ratio of the average monthly wage of a pensioner to the average monthly wage in country is taken into account in the following dimensions:
not more than 1.4 - for persons residing in the indicated regions and localities in which a regional coefficient of up to 1.5 is set to the wages of employees;
not more than 1.7 - for persons residing in the indicated regions and localities in which a regional coefficient is set to the wages of workers in the amount of 1.5 to 1.8;
not more than 1.9 - for persons residing in the indicated regions and localities in which a regional coefficient is set to the wages of workers in the amount of 1.8 and above.
At the same time, if different regional coefficients to wages are established, when determining the individual coefficient of a pensioner, the coefficient to wages is taken into account, which is in effect in a given region or locality for workers and employees of non-production sectors.
Persons who have received a pension in accordance with part one of Article 14 of the Law, when leaving the regions of the Far North and areas equated to the regions of the Far North, for a new permanent place of residence, the amount of pension is retained, calculated using the corresponding ratio of the average monthly earnings of a pensioner to the average monthly wage in the country specified in paragraph four of this clause.
Pensioners, with the exception of the persons specified in paragraph nine of this clause, when leaving the Far North and areas equated to the Far North regions for a new permanent place of residence, pensions are calculated using the individual pensioner's coefficient, determined taking into account the ratio of the average monthly earnings of the pensioner to average monthly wage in the country not exceeding 1.2.
b) when determining the individual coefficient of a pensioner in accordance with this article, the calendar periods of work, military and equivalent service provided for by paragraph "g" of Article 92 of the Law, as well as the periods included in the length of service on the basis of paragraphs "a" and "e" of Article 92 of the Law. In this case, the second part of Article 16 of the Law is not applied.
The amount of a pension for disability due to a general illness with a full length of service (part two of Article 29 of the Law) cannot exceed the amount of an old-age pension assigned with a full length of service (the Law) of equal or greater duration;
c) the increase in the assigned pensions in connection with the increase in wages in the country is carried out four times a year from February 1, May 1, August 1 and from November 1.
To increase the pension, the individual pensioner's coefficient is applied to the average monthly wage in the country for the period from January 1 to March 31, if the increase is made from May 1; from April 1 to June 30, if the increase is made from August 1; from July 1 to September 30, if the increase is made from November 1; from October 1 to December 31 of the previous year, if the increase is made from February 1 of the following year.
The amount of the newly assigned or recalculated pension is determined in the same manner on the grounds established by the Law;
d) the amount of the pension calculated in accordance with this article, in all cases, cannot be less than the corresponding minimum amount of the pension established by the Law;
e) the amount of the pension calculated in accordance with this article is not subject to limitation to the maximum amount established by the Law;
f) the minimum old-age pension (Article 17 of the Law) and, accordingly, the minimum amounts of other types of pensions are increased within the time frames provided for in paragraph "c" of this Article, while the new minimum pension is determined by multiplying the current minimum pension by the growth index of the average monthly wage in the country for the corresponding quarter. However, in all cases, the minimum old-age pension cannot be lower than the amount provided for in Article 17 of the Law;
h) for a pensioner performing paid work, the calculation and increase of the pension in accordance with this article is carried out from the 1st day of the month following the one in which the pensioner stopped performing the specified work.
The average monthly wage in the country for the periods specified in paragraph "c" of this article shall be approved by the Government of the Russian Federation on the proposal of the State Committee of the Russian Federation on statistics no later than January 15, April 15, July 15 and October 15 of the corresponding year.
In cases where the amount of the pension calculated in accordance with this article does not reach the amount provided for by other norms of the Law, the pensioner has the right to choose the calculation of the pension without applying the individual coefficient.
An increase in pensions calculated according to the norms of the Law without the application of an individual coefficient is made within the time frames provided for in paragraph "c" of this article, by indexing in accordance with the increase in the average monthly wage in the country.
Article 8. Funds for the payment of pensions
Financing of the payment of pensions assigned in accordance with this Law is carried out by the Pension Fund of the Russian Federation at the expense of insurance contributions from employers, citizens and allocations from the federal budget. When amendments and additions are made to this Law, requiring an increase in the costs of paying pensions, the source of financial support for additional costs is determined in the corresponding federal law.
c) invalids of group I in vision: men - upon reaching 50 years of age and with a total length of service of at least 15 years and women - upon reaching 40 years of age and with a total length of service of at least 10 years;
d) citizens with pituitary dwarfism (lilliputians) and disproportionate dwarfs: men - upon reaching 45 years of age and with a total work experience of at least 20 years, women - upon reaching 40 years and with a total work experience of at least 15 years.
Article 12. Pension due to special working conditions
Pension in connection with special working conditions is established:
a) men - upon reaching 50 years old and women - upon reaching 45 years old, if they respectively worked for at least 10 years and 7 years 6 months in underground work, in work with harmful working conditions and in hot shops and their total length of service is at least 20 and 15 years old.
Citizens who have at least half of their work experience in underground work, in work with harmful working conditions and in hot workshops are assigned a pension with a decrease in the age provided for in Article 10 of the Law, by one year for each full year of such work for men and women;
b) men - upon reaching 55 years of age and women - upon reaching 50 years of age, if they have worked, respectively, in jobs with difficult working conditions for at least 12 years 6 months and 10 years and have a total length of service specified in Article 10 of the Law.
Citizens who have less than half of their work experience in difficult working conditions are assigned a pension with a decrease in the age provided for in Article 10 of the Law by one year for every two years and six months of such work for men and for every two years of such work for women;
c) women - upon reaching 50 years of age, if they have worked as tractor drivers in agriculture, other sectors of the national economy, as well as drivers of construction, road and loading and unloading machines for at least 15 years and have a total work experience specified in the article 10 of the Law;
d) women - upon reaching 50 years of age, if they have worked for at least 20 years in the textile industry at work with increased intensity and severity.
e) men - upon reaching 55 years of age, women - upon reaching 50 years of age, if they have worked, respectively, for at least 12 years 6 months and 10 years as working locomotive crews and workers of certain categories who directly organize transportation and ensure traffic safety on railway transport and the subway (according to the list of professions and positions), as well as truck drivers directly in the technological process in mines, in mines, open-pit mines and ore quarries for the transportation of coal, shale, ore, rocks and have a general work experience specified in Article 10 of the Law;
f) men - upon reaching 55 years of age, women - upon reaching 50 years of age, if they have worked, respectively, for at least 12 years 6 months and 10 years in expeditions, parties, detachments at sites and in brigades directly on field geological exploration, prospecting, topographic - geodetic, geophysical, hydrographic, hydrological, forest management and survey work and have a general work experience specified in Article 10 of the Law.
In this case, the period of work directly in the field from six months to a year is taken into account for a year of work, less than six months - according to its actual duration, and for seasonal work - in accordance with Article 94 of this Law;
g) men - upon reaching 55 years of age, women - upon reaching 50 years of age, if they have worked, respectively, for at least 12 years 6 months and 10 years as workers, foremen (including senior ones) directly at logging and timber floating, including maintenance of mechanisms and equipment (according to the list of professions, positions and industries), and have a general length of service specified in Article 10 of the Law;
h) men - upon reaching 55 years of age, women - upon reaching 50 years of age, if they have worked, respectively, for at least 20 and 15 years as machine operators (dockers-machine operators) of complex teams in loading and unloading operations in ports and have a total length of service specified in article 10 of the Law;
i) men - upon reaching 55 years of age, women - upon reaching 50 years of age, if they have worked, respectively, for at least 12 years 6 months and 10 years in the crew on ships of the sea, river fleet and the fleet of the fishing industry (except for port vessels constantly working in the water area port, service and auxiliary, traveling, suburban and intracity traffic) and have a general length of service specified in Article 10 of the Law;
j) men - upon reaching 55 years of age and women - upon reaching 50 years of age, if they have worked as drivers of buses, trolley buses, trams on regular city passenger routes for at least 20 and 15 years, respectively, and have a total length of service specified in Article 10 of the Law ;
k) men and women - upon reaching 40 years of age, if they constantly worked as rescuers in professional emergency rescue services, professional emergency rescue teams (according to the list of positions and specialties approved by the Government of the Russian Federation) for at least 15 years and participated in emergency response ;
l) for men - upon reaching 55 years of age, for women - upon reaching 50 years of age, if they were employed in work with convicts as workers and employees of institutions executing criminal punishments in the form of imprisonment (according to the list of jobs and professions approved by the Government of the Russian Federation) , respectively, at least 15 and 10 years and have a total length of service specified in Article 10 of the Law.
o) men and women - upon reaching 50 years of age, if they have worked for at least 25 years in the positions of the State Fire Service of the Ministry of Internal Affairs of the Russian Federation (fire protection of the Ministry of Internal Affairs, firefighting and emergency rescue services of the Ministry of Internal Affairs), provided for by the list of operational positions State Fire Service of the Ministry of Internal Affairs of the Russian Federation, approved by the Minister of Internal Affairs of the Russian Federation.
Lists of relevant jobs (professions and positions), taking into account the performance of which the pension is established at a reduced retirement age, are approved in the manner determined by the Government of the Russian Federation in agreement with the Pension Fund of the Russian Federation.
Article 13. Summation of works with various special working conditions
Labor activity with special working conditions is summarized in the following order:
to the work listed in paragraph "b" - the work specified in paragraphs "e", "f", "g" and "and";
to the work listed in paragraph "and" - the work specified in paragraphs "b", "e", "f", "g";
Article 14. Pension in connection with work in the Far North
Pensions in connection with work in the Far North are established: for men - upon reaching 55 years of age and women - upon reaching 50 years of age, if they have worked for at least 15 calendar years in the Far North regions or at least 20 calendar years in areas equated to the Far North regions , and have a total work experience of at least 25 and 20 years, respectively.
Citizens who worked both in the regions of the Far North and in areas equated to the regions of the Far North, the pension is established for 15 calendar years of work in the Far North. Moreover, each calendar year of work in areas equated to the regions of the Far North is considered nine months of work in the regions of the Far North.
Citizens who have worked in the Far North for at least 7 years 6 months are assigned a pension with a decrease in the age provided for in Article 10 of the Law by four months for each full calendar year of work in these areas. When working in areas equated to the regions of the Far North, as well as in these localities and regions of the Far North, the rule established by part two of this article is applied.
Labor activity specified in Article 12 of the Law is equated to work in the Far North.
The list of regions of the Far North and localities equated to the regions of the Far North is approved by the Government of the Russian Federation.
Article 15. Pension for incomplete general work experience
Citizens who have reached the retirement age specified in Article 10 of the Law and do not have a full general length of service for the appointment of a pension provided for by the same article, a pension is established for incomplete work experience, if it is not less than five years.
Article 16. Amount of pension
The pension is set at 55 percent of earnings (Section VII of the Law) and, in addition, one percent of earnings for each full year of total work experience in excess of that required for the appointment of a pension (Article 10, and the Law).
When assigning a pension in accordance with the Law, an increase in its size by one percent of earnings is also made for each full year of special work experience in excess of what is required to establish a pension.
The amount of the pension, calculated in the order indicated above, cannot exceed 75 percent of the earnings.
Article 17. Minimum pension
The minimum pension with a total length of service equal to that required for the appointment of a full pension is not lower than the amount established by federal law.
Article 18. Maximum amount of pension
The maximum pension with a total length of service, equal to that required for the appointment of a full pension, is set at the level of three minimum pension amounts (part one of Article 17 of the Law), and the pension assigned in connection with underground work, work with harmful working conditions and in hot workshops ( paragraph "a" of Article 12 of the Law), - three and a half sizes.
The amount of the pension (part one of this article) shall be increased by one percent for each full year of total length of service in excess of that required for the appointment of a pension, but not more than by 20 percent.
Article 19. Amount of pension in case of incomplete general work experience
The size of the pension for incomplete general work experience is determined in proportion to the available work experience, based on the full pension established for 25 years of service for men and 20 years for women (Law).
The calculation of the pension in proportion to the length of service is as follows: the corresponding full pension is determined; this pension is divided by the number of months of service required; the amount received is multiplied by the number of months of actual experience (in this experience, the period over 15 days is rounded up to a full month, and the period up to 15 days inclusive is not taken into account).
The size of the pension for incomplete general work experience cannot be lower than the social pension (paragraph "b" of Article 114 of the Law).
Article 20. Period for which the pension is established
The pension is assigned for life.
Article 21. Pension supplements
The following allowances are established for the pension:
a) to take care of a pensioner if he is a disabled person of group I or needs constant outside care (help, supervision) at the conclusion of a medical institution, or has reached the age of 80;
b) for disabled dependents (Articles 50 - 53 of the Law), if they themselves do not receive any pension. Disabled Dependents' Supplement is paid to non-working pensioners;
c) participants in the Great Patriotic War (subparagraphs "a" - "g" and "and" subparagraph 1 of paragraph 1 of Article 2 of the Federal Law "On Veterans") who do not receive a disability pension simultaneously with their old-age pension.
The amount of the allowance for caring for a pensioner, if he is a disabled person of group I or has reached the age of 80, is equal to the amount of the social pension specified in paragraph "a" of Article 114 of the Law.
The amount of the allowance for caring for a pensioner, if he has not reached the age of 80 and needs constant outside care (help, supervision) according to the conclusion of a medical institution, as well as an allowance for each disabled dependent of a pensioner is equal to the size of the social pension specified in paragraph "b" of the article 114 of the Law, and for a disabled dependent - a disabled person of the III group - specified in paragraph "c" of this article.
The allowance for the participants of the Great Patriotic War, specified in paragraph "in" part one of this article, is established in the following amounts:
a) those who have reached the age of 80 or are disabled of groups I and II - two minimum old-age pensions (part one of Article 17 of the Law);
b) the rest of the participants of the Great Patriotic War - one minimum old-age pension (part one of Article 17 of the Law).
Article 22. Payment of pensions to working pensioners
For work after the appointment of a pension, a supplement is established in the amount of 10 percent of the pension for each year worked (12 full months of work), but not more than three years of work. Such an allowance is established for work after the entry into force of the Law to those citizens who, while continuing to work, had the right to a pension, but did not receive it. Taking into account this allowance, the total amount of the pension is not limited.
The pension established for the unemployed ahead of schedule is not paid to working pensioners. After such citizens reach the retirement age, at which they acquire the right to a pension on a general, preferential basis or in connection with special working conditions, the payment of a pension to them is made in accordance with part one of this article.
III. Disability pension
Article 23. Disability and its groups
Disability is a violation of the health of a person with a persistent disorder of the body's functions, leading to a complete or significant loss of professional ability to work or significant difficulties in life. Depending on their degree, three groups of disability are distinguished.
Citizens who have completely lost the ability for regular professional work under normal conditions are assigned disability group I if they need constant outside care (help, supervision), and group II, if they do not need such care.
Citizens who have partially lost the ability to regularly work professionally are assigned III group of disability.
Article 24. Definition of disability, its group, cause and time of occurrence
Disability, its group, reason, and, if necessary, the time of onset, are determined by medical and labor expert commissions (VTEK), acting on the basis of a regulation approved in the manner determined by the Government of the Russian Federation.
Article 25. Period for which disability is established
Disability group I is established for two years, groups II and III - for one year.
The term for re-examination is not established: for men over 60 years old and women over 55 years old, disabled people with irreversible anatomical defects, other disabled people - according to the list of diseases approved in the manner determined by the Government of the Russian Federation.
Article 27. Pension on the grounds provided for military personnel
A pension on the grounds provided for military personnel (including partisans of the Great Patriotic War and the Civil War, as well as cabin boys, sons (pupils) of regiments) is assigned upon the onset of disability due to a military injury (Law) or an illness received during military service (Law).
On an equal footing with military personnel, a pension is assigned to persons in command and rank and file of the internal affairs bodies. At the same time, disability resulting from injury, contusion, injury sustained in the performance of official duties in the internal affairs bodies is equated to disability due to military injury, and disability due to other reasons that occurred during the period of service in these bodies is equal to disability due to an illness received during military service.
Article 28. Time of onset of disability
Article 26 of the Law is established regardless of when the disability occurred (before the start of labor activity (study) during the period of work (study), or after the termination of it, etc.), and on the grounds specified in Article 27 of the Law, if the disability occurred during the period of military service or no later than three months after dismissal from military service, or later than this period, but as a result of a military injury or illness received during military service.
Article 29. Conditions determining the right to a pension on a general basis (of the Law)
A disability pension due to work injury and occupational disease (Article 39 of the Law) is assigned regardless of the length of the total length of service.
A disability pension due to a general illness (Law) to citizens who become disabled before the age of 20 is also assigned regardless of the length of the total length of service. In other cases, for the appointment of a disability pension due to a general illness, the following work experience is required by the time of the onset of disability: citizens under the age of 23 - at least one year, and at the age of 23 and older - one year, with an increase of four months for each full year of age, from 23 years of age, but not more than 15 years.
Upon transition from a disability pension due to work injury, occupational disease, military injury or illness received during military service to a disability pension due to a general illness, the required work experience is determined by age at the time of the initial establishment of disability. This rule applies if the disability interruption does not exceed five years.
Article 30. Pension for incomplete general work experience
Citizens who are invalids of groups I and II due to a general illness and who do not have full work experience for the appointment of a pension (Law) are assigned a pension with incomplete general work experience.
Article 31. Amount of pension (except pension for disability due to military injury)
The pension (except for the pension for disability due to military injury) is established in the following amounts: for disabled people of groups I and II - 75 percent, for group III - 30 percent of earnings.
In cases where the pension cannot be calculated from earnings, it is fixed at a fixed amount equal to the minimum pension (Law).
Article 32. Minimum pension
The disability pension of I and II groups is set at the level of the minimum old-age pension (part one of Article 17 of the Law), and the pension for disability of the III group is set at the level of 2/3 of the minimum amount of this pension.
Article 33. Maximum amount of pension
The maximum size of a pension for disability groups I and II is set at the level of the maximum amount of old-age pension (part one of Article 18 of the Law), and a pension for disability group III - the minimum amount of this pension (part one of Article 17 of the Law).
The size of the pension for disability groups I and II (part one of this article) shall be increased by one percent for each full year of total length of service in excess of that required for the appointment of an old-age pension with full length of service, but not more than 20 percent.
Article 34. Amount of pension for incomplete general work experience
The disability pension of I and II groups with incomplete general work experience is determined on the basis of a full disability pension in the manner prescribed by Article 19 of the Law. Its size cannot be lower than the social pension (paragraph "b" of Article 114 of the Law).
Article 35. Conditions determining the right to a pension on the grounds provided for military personnel (Law)
A pension for disability due to military injury (Law) or illness received during military service (Law) is assigned regardless of the length of the total length of service, including military service.
On an equal basis with military personnel who have become disabled as a result of a military injury, the pension is established:
citizens from among the workers and employees of the relevant categories, whose disability occurred due to injury, contusion, injury or illness received in the area of hostilities, on the front-line sections of railways, at the construction of defensive lines, naval bases and airfields, and pension provision for military personnel in accordance with special decisions of the Government of the USSR;
citizens who have become disabled due to injury, concussion, injury or illness received during their stay in fighter battalions, platoons and detachments for the protection of the people;
citizens called up for training and verification camps and who have become disabled due to injury, concussion or injury received in the line of duty during the period of these fees.
Article 36. Amount of pension for invalidity due to military injury
The pension for invalidity of I and II groups due to military injury (Law) is assigned in the maximum amount established by the first part of Article 18 of the Law, and the pension for invalidity of III group due to the same reason - in the amount of half of the indicated amount.
Article 37. Pension for migrants from other countries
Soviet citizens - immigrants from other countries who did not work in the Russian Federation or the USSR, are assigned a pension:
a) for disability due to work injury, occupational disease, military injury received during the Great Patriotic War in the fight against the armies of states that were at war with the USSR - regardless of the length of the total length of service;
b) for disability due to a general illness - in the presence of a total length of service required by age at the time of termination of work (Law).
Article 38. Pension supplements
The allowances for disability pensions of groups I and II are established as provided for in paragraphs "a", "b" and "in" part one of Article 21 of the Law.
A supplement is established for the pension for invalidity of the III group, provided for by the Law.
Article 39. Disability due to work injury
The disability of a worker who performed the work specified in the first part of Article 89 of the Law shall be deemed to have occurred as a result of an injury at work, if an accident that caused damage to health occurred:
a) when performing work duties (including during business trips), as well as when performing any actions in the interests of the organization, even if without instructions from the administration (collective farm board, etc.);
b) on the way to or from work;
c) on the territory of the organization or in another place of work during working hours (including established breaks), during the time necessary to put in order the tools of production, clothing, etc. before starting or at the end of work;
d) near the organization or other place of work during working hours, including the established breaks, if being there did not contradict the internal labor regulations.
In addition, the disability of a citizen is considered to have occurred as a result of a work injury if the accident that caused damage to health also occurred:
e) when undergoing industrial training (practice), or conducting educational experiments (experiments) during study;
f) when performing state duties, as well as assignments of Soviet or public organizations, the activities of which do not contradict the Constitution of the Russian Federation;
g) in the performance of civic duty to save human life, protect property and law and order.
Article 40. Disability due to occupational disease
Disability is considered to have occurred as a result of an occupational disease if the disease that caused it is recognized as an occupational one. The list of occupational diseases is approved in the manner determined by the Government of the Russian Federation.
Article 41. Disability due to military injury
The disability of citizens who served in military service, including as a cabin boy, sons (pupils) of regiments, is considered to have occurred as a result of a military injury if it is the result of injury, contusion, injury received while defending the USSR, the Russian Federation or while performing other duties of military service (official duties), or an illness associated with being at the front.
Article 42. Disability due to illness received during military service
The disability of citizens who served in military service, including as a cabin boy, sons (pupils) of regiments, is considered to have occurred as a result of an illness received during military service, if it was the result of injury as a result of an accident not related to the performance of military service duties (official duties), or an illness not related to being at the front.
Article 44. Determination of the cause of disability in case of its strengthening
When disability increases due to another reason, the reason for the disability is determined at the request of the disabled person.
Article 45. Period for which the pension is established
The pension is established for the period for which the disability is determined (Law).
Article 46. Change in the amount of pension upon revision of the disability group
When the disability group is revised, the pension in the new amount is paid from the day the disability group is changed. If the disability has not been established, then the pension is paid until the end of the month in which the re-examination was carried out, but no longer than until the day on which the disability was established.
Article 47. Suspension and resumption of pension payment when the term for re-examination is missed
If a citizen does not appear at the appointed time for re-examination at VTEK, then the payment of the pension is suspended. It is renewed from the day when the citizen is again recognized as disabled. If the term for re-examination is missed for a good reason and the VTEK has established a disability for the past time, the pension is paid from the day from which the citizen is recognized as disabled. If, during the re-examination, a different disability group is established (higher or lower), then the pension is paid for the specified time according to the previous group.
Article 48. Restoration of a previously granted pension and its assignment again
A previously granted disability pension due to a general illness shall be restored if no more than five years have passed since the date of termination of its payment due to the expiration of the period for which the disability was established. The restoration of a previously granted disability pension due to other reasons is not limited in time.
In the event of the onset of disability again after the break, the disability pension may be assigned (at the request of the disabled person) on a general basis.
Article 49. Payment of pensions to working pensioners
Pension is paid to working pensioners in full (excluding the allowance for dependents).
IV. Survivor's pension
Article 50. Circle of family members entitled to a pension
The disabled family members of the deceased who were dependent on him (the Law) have the right to a pension. Parents and widows (widowers) of citizens who died as a result of a military injury, one of the parents or spouse, another family member specified in paragraph "c" of this article, as well as each of the parents of military personnel who did military service by conscription, who died (died) in the period of military service or those who died as a result of a military injury after dismissal from military service (except for cases when the death of servicemen occurred as a result of their unlawful actions), the pension is assigned regardless of whether they were dependent on the deceased (deceased).
Disabled family members are:
a) children, brothers, sisters and grandchildren under the age of 18, or older than this age, if they became disabled before reaching the age of 18, while brothers, sisters and grandchildren - provided that they do not have able-bodied parents;
b) father, mother, spouse (wife, husband), if they have reached the age of 60 or 55 (respectively, men and women), or are disabled;
c) one of the parents or spouse, or grandfather, grandmother, brother or sister, regardless of age and ability to work, if he (she) is engaged in caring for the children, brothers, sisters or grandchildren of the deceased breadwinner under the age of 14 and does not work;
d) grandfather and grandmother - in the absence of persons who are legally obliged to support them;
e) parents of the dead (deceased) military personnel who did military service by conscription, if they have reached the age of 55 and 50 (men and women, respectively) (Law).
The parents and spouse of the deceased who were not dependent on him are entitled to a pension if they subsequently lose their source of livelihood.
Article 51. Right to a pension of students aged 18 and over
Students, pupils aged 18 and over, but no more than until they reach the age of 23, are entitled to a survivor's pension until the end of full-time education in educational institutions of all types and types, regardless of their organizational and legal forms, with the exception of educational institutions of additional education.
Article 52. Right to pension of stepfather, stepmother, stepson and stepdaughter
A stepfather and stepmother have the right to a pension on an equal basis with a father and a mother, provided that they raised or supported a deceased stepson or stepdaughter for at least five years.
The stepson and stepdaughter have the right to a pension on an equal basis with their own children.
Article 53. Dependency
The family members of the deceased are considered to be dependent on him if they were fully supported by him or received help from him, which was for them a permanent and main source of livelihood.
Family members of the deceased, for whom his help was a constant and main source of livelihood, but who themselves received some kind of pension, have the right to transfer to a pension on the occasion of the loss of the breadwinner.
The dependence of the children of deceased parents is assumed and does not require proof.
Article 54. Families of missing citizens
Families of missing citizens are equated to the families of the deceased, if the unknown absence of the breadwinner is certified in accordance with the established procedure. At the same time, the families of servicemen who have disappeared during the period of hostilities are equated with the families of those killed as a result of a military trauma (Law).
Article 55. Retention of the right to a pension upon adoption
Minors eligible for a pension (of the Law) retain this right upon adoption.
Article 56. Retention of pension upon entering into a new marriage
The pension granted on the occasion of the loss of the breadwinner - spouse is retained upon entering into a new marriage.
Article 57. General grounds for pension provision
The pension is assigned on a general basis if the death of the breadwinner is due to an injury at work, an occupational or general illness.
Article 58. Pension on the grounds established for the families of military personnel
A pension on the grounds established for the families of military personnel (including families of partisans of the Great Patriotic War and the Civil War) is assigned if the death of the breadwinner is due to a military injury or illness received during military service.
On an equal basis with the families of military personnel, the pension is assigned to the families of the commanders and rank-and-file personnel of the internal affairs bodies. At the same time, the death of the breadwinner resulting from injury, contusion, mutilation received during the performance of official duties in the internal affairs bodies is equated to the death of the breadwinner due to a military injury, and the death of the breadwinner due to other reasons that occurred during the period of service in these bodies, - to the death of the breadwinner due to an illness received during military service.
Article 58-1. Pension on the grounds established for the parents of deceased (deceased) military personnel who did military service by conscription
A pension on the grounds established for the parents of dead (deceased) military personnel who served in military service on conscription shall be assigned if the death (death) occurred during the period of military service or after dismissal from military service due to military injury (except for cases when the death of military personnel occurred as a result of their illegal actions).
Article 59. Time of death of the breadwinner
The pension on the grounds specified in Article 57 of the Law shall be established regardless of when the death of the breadwinner occurred, but on the grounds specified in Article 58 of the Law if the death of the breadwinner occurred during military service or not later than three months after dismissal from military service, or later than this period, but due to a military injury or illness received during the period of military service.
Article 60. Conditions determining the right to a pension on a general basis (of the Law)
A pension in the event of loss of a breadwinner due to work injury and occupational disease shall be assigned regardless of the length of service of the breadwinner.
A pension for the loss of a breadwinner due to a general illness is established if the breadwinner on the day of death had a total length of service that would be necessary for him to assign a disability pension (Law).
Article 61. Pension in case of incomplete general work experience of the breadwinner
Families of citizens who have died as a result of a general illness and do not have a full length of service, sufficient for the appointment of a pension (Law), are assigned a pension with incomplete general work experience of the breadwinner.
Article 62. The size of the survivor's pension (except for the survivor's pension due to a military injury and a survivor's pension to the parents of dead (deceased) military personnel who served on conscription)
The survivor's pension (except for the survivor's pension due to a military injury and survivor's pension to the parents of dead (deceased) military personnel who did military service) is set at 30 percent of the breadwinner's earnings for each disabled family member, and for each a child who has lost both parents, and a deceased single mother - in one and a half the size of the minimum old-age pension (part one of Article 17 of the Law).
Article 63. Minimum pension
The pension, including for incomplete general work experience of the breadwinner, cannot be lower than the social pension specified in paragraph "b" of Article 114 of the Law, per each disabled family member.
Article 64. Maximum amount of pension
The maximum pension is set at the level of the minimum old-age pension (part one of Article 17 of the Law) for each disabled family member, except for the pension for children who have lost both parents and a deceased single mother (Law), as well as pensions for the parents of the deceased (deceased) military personnel who served on conscription (Law).
Article 65. Amount of pension for incomplete general work experience
The amount of the pension for incomplete general work experience of the breadwinner is determined (based on the full pension) in the manner prescribed by Article 19 of the Law.
Article 66. Causes of death of breadwinner
The death of the breadwinner is considered to have occurred as a result of work injury, occupational disease, military injury, illness received during military service, general illness, if it was the result of the reasons indicated, respectively, in,,,, Law.
Article 67. Conditions determining the right to a pension on the grounds provided for the families of military personnel (Law)
A pension in the event of the loss of a breadwinner due to a military injury or illness received during military service is assigned regardless of the length of the breadwinner's total work experience, including military service.
On an equal basis with the families of servicemen who died as a result of a military injury, the pension is established for the families of citizens listed in Article 35 of the Law who died as a result of such an injury.
Article 68. Amount of pension upon death of the breadwinner due to military injury
A pension in the event of loss of a breadwinner due to a military injury shall be assigned in the maximum amount established by article 64 of the Law.
Article 68-1. The size of the pension in the event of the loss of the breadwinner to the parents of the dead (deceased) military personnel who did military service on conscription
A pension in the event of the loss of a breadwinner to the parents of dead (deceased) military personnel who did military service on conscription (of the Law) shall be established for each of the parents in the amount of three minimum amounts of old-age pension (part one of Article 17 of the Law).
Article 69. Pension for families of deceased pensioners
Families of deceased pensioners are assigned a pension on a general basis, regardless of the length of the breadwinner's total work experience.
Families of deceased pensioners who have become disabled as a result of a military injury are assigned a pension according to the rules established by the Law, regardless of the cause of death of the pensioner.
The families of deceased pensioners include those families whose breadwinner died during the period of receiving the pension or not later than five years after the termination of the payment of the pension.
Article 70. Pension supplements
The following allowances are established for the pension: for caring for a pensioner - on the conditions and in the amount stipulated by Article 21 of the Law; disabled children and disabled from childhood of I and II groups who have lost both parents, as well as these children of a deceased single mother - in the amount of social pension provided for in paragraph "a" of Article 114 of the Law.
Article 71. Period for which the pension is established
The pension is established for the entire period during which a family member of the deceased is considered disabled (Law).
Article 72. Period from which the amount of the pension changes and its payment stops
When the number of family members provided with a pension changes, the pension is revised according to the number of family members who are entitled to receive it.
The pension in the new amount is paid from the first day of the month following the one in which the circumstances occurred that entail a change in the amount of the pension. Upon the occurrence of circumstances entailing the termination of the payment of the pension, the payment of the pension is terminated from the same period.
Article 73. Procedure for payment of pensions for the period when children are fully supported by the state
Children who have lost both parents and a deceased single mother are paid 50 percent of their pension for the period of their full state support, and other children - 25 percent.
The social pension established for children who have lost their parents is paid in the same manner.
For the period when children are in child care institutions with full state support, the difference between the assigned and relying on the payment of pensions to children should be transferred to the accounts of these institutions.
Article 74. Allocation of a share of a pension
At the request of any family member, his share of the pension is allocated and paid separately. At the same time, the share of the pension for children who have lost both parents and a deceased single mother is determined in the amount established by Article 62 of the Law.
The share of the pension is allocated from the first day of the month following the one in which the application for the division of the pension was received.
Article 76. Payment of pensions to working pensioners
Working pensioners are paid their pension in full.
V. Pensions for seniority
Article 77. Activities, taking into account which the seniority pension is established in accordance with this Law
The seniority pension is established in connection with long-term underground work, other work with especially harmful and difficult working conditions, as well as some other professional activity.
Article 78. Conditions determining the right to a pension of citizens employed in underground and opencast mining
Citizens directly employed full-time in underground and opencast mining (including the personnel of mine rescue units) for the extraction of coal, shale, ore and other minerals and in the construction of mines and mines (according to the list of jobs and professions approved by the Government of the Russian Federation), have the right to a pension, regardless of age, if they have worked in these jobs for at least 25 years, and workers in the leading professions in these jobs are miners of a longwall, tunnellers, jackhammers, operators of mining excavation machines, if they did not work in such jobs less than 20 years.
Article 78-1. Conditions defining the right to a seniority pension in connection with work on ships of the fishing industry fleet, sea and river fleets
Pension in connection with work on the ships of the sea fleet of the fishing industry for the extraction, processing of fish and seafood, the receipt of finished products in the field (regardless of the nature of the work performed), as well as on certain types of ships of the sea, river and fishing industry fleet is established for men with length of service at least 25 years old, women - 20 years old.
Article 78-2. Conditions defining the right to a seniority pension in connection with work in professional emergency rescue services, professional emergency rescue teams
A pension in connection with work as a rescuer in professional emergency rescue services, professional emergency rescue teams (according to the list of positions and specialties approved by the Government of the Russian Federation) can be established regardless of age with a length of service of at least 15 years.
Article 79. Conditions determining the right to a pension in connection with work in civil aviation
The pension in connection with work in the flight and flight test personnel is established: for men with a length of service of at least 25 years, for women - at least 20 years; upon leaving flight work for health reasons - for men with a length of service of at least 20 years, for women - at least 15 years.
Pension in connection with work on air traffic control is established: for men - upon reaching 55 years of age and with a total work experience of at least 25 years, of which at least 12 years 6 months of work in direct control of aircraft flights; women - upon reaching 50 years of age and with a total work experience of at least 20 years, of which at least 10 years of work in direct flight control of aircraft.
The pension in connection with work in the engineering and technical staff for servicing aircraft is established: for men - upon reaching 55 years of age and with a total length of service in civil aviation for at least 25 years, of which at least 20 years for direct servicing of aircraft; women - upon reaching 50 years of age and with a total work experience in civil aviation of at least 20 years, of which at least 15 years in direct servicing of aircraft.
Article 80. Conditions determining the right to a pension in connection with teaching activities in schools and other institutions for children
Pensions in connection with pedagogical activities in schools and other institutions for children are established for at least 25 years of service.
Article 81. Conditions determining the right to a pension in connection with medical and other work to protect the health of the population
A pension in connection with medical and other work to protect the health of the population is established with a length of service of at least 25 years in rural areas and urban-type settlements and at least 30 years in cities.
Article 82. Conditions determining the right to a pension in connection with creative work on stage, in theaters and other theatrical and entertainment organizations and collectives
The pension in connection with creative work on stage in theaters and other theatrical and entertainment organizations and collectives is established for 15, 20, 25 or 30 years of service, depending on its nature.
Article 83. Lists of jobs, taking into account which a pension is assigned, and rules for calculating length of service
Lists of relevant jobs (professions and positions), taking into account which a seniority pension is assigned, and, if necessary, the rules for calculating length of service and the appointment of pensions, are approved by the Government of the Russian Federation in agreement with the Pension Fund of the Russian Federation.
Article 84. Amount of pension
The pension (except for the pension for workers employed in underground and opencast mining) is set in the amount of 55 to 75 percent of earnings. If the length of service is equal to the required one, the pension is 55 percent of earnings; for each full year of service in excess of the required, it increases by one percent of earnings. With the length of service in the flight and flight test personnel for men from 20 to 25 years old and for women from 15 to 20 years old (part one of Article 79 of the Law), the pension is reduced by 2 percent of earnings for each year (including incomplete), missing to full length of service.
The pension for class I test pilots is increased by 10 percent. In all cases, the amount of the pension cannot exceed 75 percent of the earnings. At the same time, the restrictions established by Article 86 of the Law are not applied.
The pension for workers employed in underground and opencast mining (the Law) is set at 75 percent of earnings.
Article 85. Minimum pension
The minimum pension is determined at the level of the minimum old-age pension (part one of Article 17 of the Law).
The size of the pension (part one of this article) is increased by one percent for each full year of special length of service (length of service) in excess of that required for the appointment of a pension, but not more than 20 percent.
Article 86. Maximum amount of pension
The maximum pension is determined at the level of the general maximum old-age pension (part one of Article 18 of the Law), and for civil aviation flight personnel at the level of three and a half of the minimum old-age pension.
The maximum amount of pension (part one of this article) is increased by 1 percent for each full year of special length of service (length of service) in excess of that required for the appointment of a pension, but not more than 20 percent.
Article 86-1. Pension supplements
An allowance is established for the seniority pension, provided for by paragraph "in" part one of Article 21 of the Law.
Article 87. Payment of pensions to working pensioners
Pension (except for the pension for workers employed in underground and opencast mining, as well as the pension assigned in connection with teaching activities in schools and other institutions for children, and the pension assigned in connection with medical and other work to protect the health of the population in rural areas and urban-type settlements) is paid subject to the abandonment of the work (service), taking into account which it is established. When performing other work, the pension is paid in the manner prescribed by the first part of Article 22 of the Law.
Pensions assigned to workers employed in underground and opencast mining, as well as a pension assigned in connection with teaching activities in schools and other institutions for children, and a pension assigned in connection with medical and other work to protect the health of the population in rural areas and urban-type settlements (Article 78,, Law), are paid in the manner prescribed by part one of Article 22 of the Law, regardless of the nature of the work.
Vi. Work experience and its calculation
Article 88. Types of work experience, taking into account which pension provision is carried out
Taking into account the total length of service, that is, the total duration of labor and other socially useful activities specified in this section of the Law, an old-age pension is established, and in appropriate cases, a disability pension and a survivor's pension.
Taking into account the special work experience, that is, the total duration of a certain labor activity (service), an old-age pension is established in connection with special working conditions (the Law), work in the Far North (the Law), as well as a seniority pension (Section V of the Law) ...
Article 89. Work included in the total length of service.
The general length of service includes any work as a worker, employee (including work for hire before the establishment of Soviet power and abroad), a member of a collective farm or other cooperative organization; other work in which the employee, not being a worker or employee, was subject to state social insurance; work (service) in the militarized guard, in the bodies of special communications or in the mine rescue unit, regardless of its nature; individual labor activity, including in agriculture.
The period of creative activity of members of the creative unions of the USSR and the union republics - writers, artists, composers, filmmakers, theater workers and others, as well as writers and artists who are not members of the corresponding creative unions, is equated to the above work. The experience of creative activity is calculated in the manner determined by the Government of the Russian Federation.
Article 90. Military service and other service equivalent to it, included in the total length of service
Service in the Armed Forces of the Russian Federation and other military formations created in accordance with the legislation of the Russian Federation, the Joint Armed Forces of the Commonwealth of Independent States, the Armed Forces of the former USSR, in the internal affairs bodies, foreign intelligence bodies, counterintelligence bodies of the Russian Federation, ministries and departments of the Russian Federation , in which the law provides for military service, the former state security bodies of the Russian Federation, as well as the state security and internal affairs bodies of the former USSR (including during the period when these bodies were called differently), stay in partisan detachments during the civil and Great World War II are included in the total length of service on a par with the work listed in Article 89 of the Law.
Article 91. Study included in the total length of service
Preparation for professional activity - training in colleges, schools and courses for training, advanced training and retraining, in secondary specialized and higher educational institutions, staying in graduate school, doctoral studies, clinical residency is included in the general work experience along with the work listed in article 89 of the Law.
Article 92. Other periods included in the total length of service
The total length of service includes, along with the work specified in Article 89 of the Law, the following periods:
a) temporary incapacity for work, which began during the period of work, and disability of groups I and II due to an injury related to work or an occupational disease;
b) caring for a disabled person of group I, a disabled child, the elderly, if he needs outside care at the conclusion of a medical institution;
c) the care of an unemployed mother for each child under the age of three years and 70 days before his birth, but no more than 9 years in total;
d) the residence of the wives (husbands) of military personnel doing military service under contract, together with their husbands (wives) in areas where they could not work in their specialty due to the lack of employment opportunities;
e) residence abroad of wives (husbands) of workers of Soviet institutions and international organizations, but not more than 10 years in total;
f) stay in places of detention in excess of the period specified during the review of the case;
g) payment of unemployment benefits, participation in paid public works and relocation to the employment service in another locality and employment.
Article 92-1. Other periods included in special work experience
When establishing an old-age pension in connection with special working conditions in accordance with Article 12 of the Law, the time of disability of groups I and II due to an injury related to work or an occupational disease is equal to the work in which the indicated injury or disease was received.
Article 93. Calculation of the periods included in the length of service
The periods counted in seniority are calculated according to their actual duration, with the exception of the cases listed in Article 94 of the Law and special rules for calculating the length of service (Law).
Article 94. Preferential calculation of periods included in work experience
When calculating the length of service specified in,,, Law, the following periods of work (service) are calculated on a preferential basis:
a full navigation period on water transport, a full season in organizations of seasonal industries - for a year of work. The list of relevant seasonal jobs is approved in the manner determined by the Government of the Russian Federation.
in leper colony and anti-plague institutions - double the amount;
in military units, headquarters and institutions that are part of the active army, in partisan detachments and formations during the period of hostilities, as well as the time spent in medical institutions undergoing treatment due to military trauma (Law) - tripled;
in Leningrad during the blockade (from September 8, 1941 to January 27, 1944) - tripled;
during the Great Patriotic War (from June 22, 1941 to May 9, 1945), with the exception of work in areas temporarily occupied by the enemy - double the amount;
in the regions of the Far North and areas equated to the regions of the Far North - in one and a half size;
conscript military service - doubled.
Citizens who were unjustifiably brought to criminal responsibility, unjustifiably repressed and subsequently rehabilitated, the time of detention, stay in places of detention and exile is counted in the total length of service threefold.
Article 95. Inclusion in the total length of service of the time spent in the occupied territory and in the city of Leningrad during the period of its blockade.
Citizens who lived in areas temporarily occupied by the enemy during the Great Patriotic War, and who reached 16 years of age by the day of occupation or during its period, are included in the total length of service during their stay at the age of 16 or older in the occupied territory of the USSR or other states, as well as on the territories of states that were at war with the USSR, except for cases when they committed a crime during the specified period.
Citizens who lived in the city of Leningrad during the period of its blockade (from September 8, 1941 to January 27, 1944), as well as citizens - prisoners of Nazi concentration camps, the time respectively living in the besieged city of Leningrad and being in concentration camps during the Great Patriotic War is counted in the total length of service in double the amount, except for cases when they committed a crime during the specified period,
Article 96. Proof of seniority
The length of service acquired before registration as an insured person in accordance with the Federal Law "On Individual (Personified) Registration in the State Pension Insurance System" is established on the basis of documents issued in accordance with the established procedure by the relevant state and municipal bodies and organizations.
The length of service acquired after registration as an insured person is established on the basis of information from individual (personified) records.
Article 97. Proof of length of service by testimony
The length of service (except for work for individual citizens) specified in the first part of Article 89 of the Law may be established on the basis of the testimony of two or more witnesses, if documents on labor activity are lost due to a natural disaster (earthquake, flood, hurricane, fire, etc.). and it is impossible to restore them. In some cases, it is allowed to establish the length of service based on testimony in case of loss of documents for other reasons (for example, due to careless storage, deliberate destruction, etc.).
Article 98. Conditions for the inclusion of foreign citizens in the work experience abroad
In the event that foreign citizens or stateless persons and their families require a certain total length of service for the appointment of a pension, work abroad is included in such length of service if at least two-thirds of it falls on work in the USSR, unless otherwise provided by the contract.
Vii. Calculation of pensions from earnings
Article 99. Calculation of pension from earnings and establishment of it in fixed amounts
Pension in connection with labor and other socially useful activities (Law) is calculated according to the established norms from the average monthly earnings, except for cases of its appointment in the appropriate maximum amount to citizens who have become disabled in connection with a military injury, to families of citizens who died as a result of such an injury (Article 36, Law), as well as children who have lost both parents, and children of a deceased single mother (Law).
For citizens for whom the pension cannot be calculated from earnings, it is established in fixed amounts equal to the minimum amounts of the respective pensions.
Article 100. Composition of earnings from which the pension is calculated
The earnings for calculating pensions include all types of payments (income) received in connection with the performance of work (official duties) provided for in Article 89 of the Law, on which insurance contributions are charged to the Pension Fund of the Russian Federation.
b) temporary disability benefit;
c) scholarship paid for the period of study (Law).
Article 101. Evaluation of the in-kind part of earnings
The part in kind is valued at state retail prices for the period when wages were made.
Article 102. Periods for which the average monthly earnings are determined when assigning a pension
The average monthly earnings when assigning a pension is determined (at the request of the applicant for a pension): for the last 24 months of work (service, except for military service) before applying for a pension or for any 60 months of work (service) in a row during the entire labor activity before applying for a pension ...
From the number of months for which the average monthly earnings are calculated, incomplete months of work due to its beginning or termination not from the first day of the month and months (including incomplete) leave provided in connection with childcare are excluded (at the request of the person applying for a pension) under the age of three, as well as the time during which the citizen was disabled or received compensation for damage caused by injury or other damage to health, caring for a disabled person of group I, a disabled child or the elderly in need of outside care at the conclusion of a medical institution ... In this case, the excluded months are replaced by others immediately preceding the selected period or immediately following it.
The average monthly earnings, determined by parts one and two of this article, for the periods before registration as an insured person in accordance with the Federal Law "On individual (personified) accounting in the state pension insurance system" is established on the basis of documents issued in accordance with the established procedure by the relevant state and municipal bodies, organizations.
Average monthly earnings for the periods after registration as an insured person is established on the basis of individual (personified) accounting information.
Article 103. Procedure for calculating average monthly earnings
Average monthly earnings for the periods specified in Article 102 of the Law are calculated by dividing the total amount of earnings for 24 months of work (service) and 60 months of work (service), respectively, by 24 and 60.
If the work lasted less than 24 months, the average monthly earnings are calculated by dividing the total amount of earnings for the months actually worked by the number of these months.
In cases where the period of work is less than one full calendar month, the pension is calculated based on the conditional monthly earnings. It is determined as follows: earnings for all time worked is divided by the number of days worked and the amount received is multiplied by the number of working days in a month, calculated on average for the year (21.2 - with a five-day working week; 25.4 - with a six-day working week) ... In this case, the earnings from which the pension is calculated cannot exceed the sum of two tariff rates (salaries) of the employee.
The procedure for increasing earnings in connection with an increase in the cost of living and changes in the level of nominal wages is established by law.
Article 104. Calculation of earnings of certain categories of workers
The earnings of persons working for individual citizens for their service, accepted for calculating pensions, is limited to the amount of earnings of workers and employees of the corresponding profession and qualifications employed in state organizations and in public service organizations.
For members of the creative unions of the USSR and the union republics, other creative workers (part two of Article 89 of the Law), the pension is calculated on the general basis established by this section of the Law. At the same time, their average monthly earnings are determined for the last two calendar years before applying for a pension or for any five consecutive calendar years during their entire labor activity before applying for a pension.
Article 105. Calculation of pensions for citizens - migrants from other countries
Pensions to Soviet citizens - migrants from other countries who did not work in the USSR, are calculated from the average monthly earnings of workers and employees of the corresponding profession and qualifications in the USSR at the time of the appointment of the pension.
Article 105-1. Calculation of pensions for citizens who worked abroad
The average monthly earnings of citizens who worked abroad are calculated on a general basis, excluding payment for work abroad. At the same time, for citizens sent to work in institutions and organizations of the former USSR and the Russian Federation abroad or in international organizations, the average monthly earnings, at their request, can be calculated in the manner prescribed by Article 105
The pension is recalculated at the request of the pensioner from the earnings from which it was assigned (recalculated) earlier, or from earnings as in the case of a new assignment of a pension.
Article 107. Recalculation of pension in connection with an increase in earnings
Each subsequent recalculation is made no earlier than 24 months of work after the previous recalculation.
Article 108. Calculation of the pension in the event of the loss of a retired breadwinner
For families of deceased pensioners, the pension is calculated (at the request of the person applying for a pension) from the earnings from which it was calculated to the breadwinner, or from the earnings determined in accordance with this section of the Law.
Article 109. Calculation of pension upon transfer from one pension to another
When transferring from one pension to another, earnings are determined on the general basis established by this section of the Law. The pension on a new basis can also be calculated (at the request of the pensioner) from the earnings from which the previously paid pension was determined.
Article 110. Increase in pension
The amount of the pension calculated in accordance with this Law is increased:
a) Heroes of the Soviet Union, Heroes of the Russian Federation and citizens awarded the Order of Glory of three degrees - 100 percent of the pension, but not less than 200 percent of the minimum old-age pension (part one of Article 17 of the Law), Heroes of Socialist Labor - for 50 percent of the pension, but not less than 100 percent of the minimum old-age pension (part one of Article 17 of the Law);
b) Olympic champions - by 50 percent, but not less than 100 percent of the minimum old-age pension (part one of Article 17 of the Law);
c) citizens awarded the Order of Labor Glory of three degrees or the Order "For Service to the Motherland in the Armed Forces of the USSR" of three degrees - by 15 percent;
Part one of article 17
Law);g) citizens (except those specified in paragraph "e" of this article) who worked for at least six months during the Great Patriotic War (from June 22, 1941 to May 9, 1945), excluding the time of work in areas temporarily occupied by the enemy, or awarded orders and medals of the USSR for selfless labor and impeccable military service in the rear during the Great Patriotic War - 50 percent of the minimum old-age pension (part one of Article 17 of the Law);
h) citizens awarded the badge "Resident of besieged Leningrad" (with the exception of citizens specified in paragraphs "f", "g" of this article) - by 100 percent of the minimum old-age pension (part one of Article 17 of the Law);
i) citizens unreasonably repressed for political reasons and subsequently rehabilitated - by 50 percent of the minimum old-age pension (part one of Article 17 of the Law).
j) persons with disabilities from childhood due to injury, concussion or injury associated with hostilities during the Great Patriotic War or with their consequences, receiving an old-age pension, disability or survivor's pension - by 100 percent of the minimum old-age pension (part the first article 17 of the Law).
Article 111. Rules for calculating pension supplements.
Pension supplements, including the minimum and maximum, are calculated after its increase in accordance with Article 110 of the Law.
There is no limit to the pension with allowances.
If there are two or more non-working pensioners in the family, each disabled family member who is on their common dependency is taken into account for calculating the allowance for only one of the pensioners, at their choice.
Article 112. Increasing the minimum and maximum sizes of labor pensions and social pensions to citizens living in areas where regional coefficients are established for wages
The minimum sizes of labor pensions and social pensions are determined for citizens living in areas where regional coefficients to the wages of workers and employees are established, using the appropriate coefficient for the entire period of their residence in these areas. Moreover, if different coefficients are established, the coefficient applicable in the given area for workers and employees of non-production sectors is applied.
In the same manner, the maximum size of labor pensions is determined for these citizens.
Citizens who have received a pension in accordance with Article 14 of the Law in the regions of the Far North and localities equated to the regions of the Far North, when leaving these regions and localities for a new permanent residence, the amount of the pension, determined when it was established, taking into account the corresponding regional coefficient, is retained ... At the same time, the maximum size of the regional coefficient, taking into account which, when these citizens leave the regions of the Far North and areas equated to them, the maximum size of the specified pension is determined, is 1.5.
VIII. Social pensions
Article 113. Conditions determining the right to a social pension
The social pension is established for: invalids of groups I and II, including invalids from childhood, as well as invalids of group III; disabled children; children under the age of 18 who have lost one or both parents; citizens over 65 and 60 years of age (men and women, respectively).
Medical indications in which a child under the age of 18 is recognized as a disabled person is approved in the manner determined by the Government of the Russian Federation.
Article 114. Sizes of social pensions
The social pension is established in the following amounts:
a) invalids from childhood of I and II groups, invalids of I groups, children with disabilities, as well as children who have lost both parents, and a deceased single mother - in the amount of the minimum old-age pension (part one of Article 17 of the Law.
The day of applying for a pension is the day of filing an application with all the necessary documents. When sending an application and documents by mail, the date of their dispatch is considered the day of application.
In cases where not all the documents necessary for the appointment of a pension are attached to the application, the applicant is given an explanation of which documents he must submit additionally. If they are submitted no later than three months from the date of receipt of the corresponding clarification, the day of application is considered to be the day of submission of the application.
The application for the appointment of a pension is considered by the social protection body no later than 10 days after it is received with all the necessary documents or additional documents are received.
Article 119. Assignment of a pension earlier than the day of applying for it
The corresponding pension is assigned earlier than the day of applying for it (Article 118 of the Law) in the following cases:
old-age pension and seniority pension - from the date of termination of work (service), if the application for it was followed no later than a month from the day of leaving the job;
disability pension - from the date of establishment of disability, if the application for it was followed no later than 12 months from that day;
survivor's pension - from the date of death of the breadwinner, if the appeal was followed no later than 12 months from the date of his death; when applying for a pension later, it is appointed one year earlier than the day when the application for it followed.
In all cases, the pension is assigned no earlier than from the day the right to it arises.
Article 120. General rules for the payment of pensions
Pension payments are made for the current month. Delivery and shipment of pensions is carried out at the expense of the state.
Article 121. Period from which the amount and type of pension changes.
The amount of the assigned pension changes: if the right to increase it arises - from the first day of the month following the one in which the pensioner applied for the increase in pension with all the necessary documents; upon the occurrence of circumstances entailing a reduction in pension - from the first day of the month following the one in which the relevant circumstances occurred.
Transfer from one pension to another is made from the first day of the month following the one in which the corresponding application with all the necessary documents is submitted.
Article 122. Payment of pension during the stay of a pensioner in state or municipal stationary social service institutions
Pensioners, regardless of the basis for the appointment and type of pension, living in state or municipal stationary social service institutions, are paid 25 percent of the assigned pension. During the period of temporary absence of a pensioner from the specified institutions, he is paid 75 percent of the assigned pension. In this case, the period of temporary absence of a pensioner is considered to be a calendar period from one to three months.
If a pensioner living in state or municipal stationary social service institutions (excluding periods of temporary absence of a pensioner in these institutions) has disabled family members who are dependent on him, then the pension is paid in the following order: for one family member - a quarter of the pension, for for two family members - a third of the pension, for three or more family members - half of the pension, for the pensioner himself - 25 percent of the pension.
The difference between the amount assigned and paid in accordance with the first and second parts of this article of the pension is sent to the state or municipal stationary social service institutions where this pensioner lives. These funds are credited to the accounts of these institutions in excess of budgetary allocations and are used to strengthen their material and technical base and improve the living conditions in them for the elderly and disabled in the manner determined by the Government of the Russian Federation.
Article 123. Payment of a pension not received by a pensioner on time
The amounts of the assigned pension that are not received by the pensioner in a timely manner are paid for the entire past time, but not more than three years before applying for their receipt.
Pension amounts that have not been received in a timely manner due to the fault of the bodies appointing or paying pensions are paid for the past time without any time limit.
Article 124. Suspension of payment of pension during imprisonment.
During the period of imprisonment of a pensioner by a court verdict, the payment of the assigned pension is suspended.
Article 125. Payment of unreceived amounts of pensions in connection with the death of a pensioner
Pension amounts due to a pensioner and not received in connection with his death are paid to his heirs on a general basis.
The family members of the deceased who perform the funeral are paid these amounts prior to accepting the inheritance.
X. Responsibility of the organization and citizens. Dispute Resolution on Pension Issues
Article 126. Responsibility for the accuracy of the information contained in the documents issued for the appointment and payment of a pension
The organization (citizen) is responsible for the accuracy of the information contained in the documents issued for the appointment and payment of a pension.
In cases where the information contained in the documents is incorrect and on their basis the payment of the pension was made, the organization shall compensate the relevant social security body for the damage caused.
Article 127. Obligations of the organization and the pensioner. Their responsibility
The organization is obliged to inform the pension payer within five days of the hiring of the pensioner.
A pensioner is obliged to notify the body that pays him the pension about the occurrence of circumstances that entail a change in the amount of the pension or the termination of its payment.
In case of non-fulfillment of these obligations and payment of excessive amounts of pension in connection with this, the organization and the pensioner shall reimburse the relevant body for social protection of the population for the damage caused.
Article 128. Collecting amounts of pensions overpaid due to abuse of a pensioner
The amounts of pensions overpaid to a pensioner as a result of his abuse (submission of documents with deliberately incorrect information, concealment of changes in the composition of the family, to which the survivor's pension is paid, etc.) may be withheld from the pension by the decision of the body paying the pension. The amount of deductions on this basis should not exceed 20 percent of the pension due to a pensioner for payment, in addition to deductions on other grounds. In all cases of recourse to a pension, in accordance with the legislation, the pensioner retains at least 50 percent of the due pension.
In the event of termination of the payment of the pension, the remaining debt is collected in court.
Article 129. Disputes on pension issues
Disputes over the appointment and payment of pensions, deductions from pensions, and the collection of overpaid pensions are resolved by the superior body of social protection of the population. If a citizen (organization) does not agree with the decision made by this body, the dispute is resolved in the manner prescribed by the legislation on civil proceedings.
XI. The order of enactment of the Law "On State Pensions in the Russian Federation"
Article 130. Term of entry into force of the Law
This Law comes into force: in terms of pensions for disabled veterans and other war veterans (including civilians), families of soldiers killed, citizens unreasonably repressed for political reasons and subsequently rehabilitated, the minimum size of labor pensions, pensions for children - round for orphans, participants in the liquidation of the consequences of the Chernobyl nuclear power plant accident, social pensions, as well as in terms of norms not related to the size of pensions and the procedure for calculating pensions and earnings (Section VII of the Law) - from March 1, 1991; in the rest - from January 1, 1992, while until May 1, 1992, pensions are paid in an amount not exceeding the minimum old-age pension provided for in part one of Article 17 of the Law, not counting the allowances to them.
Article 131. Recalculation of pensions according to the documents of the pension file.
Citizens who, according to the conditions and norms of this Law, have the right to a higher pension, the pension is assigned (recalculated) in accordance with the Law.
The recalculation of the pension is made according to the documents available in the pension file, based on the earnings from which the pension is calculated. The procedure for increasing earnings in connection with an increase in the cost of living and changes in the level of nominal wages is established by law.
If by the time of recalculation additional documents are submitted, in particular on earnings, that meet the requirements of the Law, then the recalculation of the pension is made taking into account such documents.
Article 132. Recalculation of pensions based on documents submitted after the entry into force of the Law
Upon submission of additional documents after the entry into force of this Law (on seniority, earnings, etc.), giving the right to further increase the previously assigned pension, the pension is recalculated again. In this case, the recalculation of the pension is made from the date of entry into force of the Law, but not more than 12 months in advance (the month of submission of documents is excluded).
If these documents are submitted after July 1, 1993, the pension is recalculated on the general basis established by Article 121 of the Law.
Article 133. Maintaining the previously established amount of pension
Citizens who have received a pension before the entry into force of this Law, who, according to the conditions and norms of the Law, do not have the right to a higher pension, it remains in the previously established amount, but not lower than the minimum old-age pension established by this Law.
The pension established after the entry into force of this Law under the conditions and norms of the previously effective legislation is paid in the same manner.
Article 133-1. Inclusion in the special work experience, taking into account which the old-age pension is established, the time of work, which previously gave the right to a pension on preferential terms
The time of underground work performed before January 1, 1992, work with harmful working conditions and in hot workshops, as well as other work with difficult working conditions, which give the right to receive a pension on preferential terms until January 1, 1992, is included in the special length of service. , taking into account which an old-age pension is assigned on an equal basis with the work indicated, respectively, in paragraphs "a" and "b" of Article 12 of this Law.
Article 134. Recalculation of previously assigned personal pensions
From November 21, 1990, further assignment of personal pensions is suspended on the territory of the Russian Federation.
Personal pensions assigned on the territory of the Russian Federation before November 21, 1990, are canceled from January 1, 1992. Citizens who have such pensions established before their cancellation, from January 1, 1992, pensions are established in accordance with the current legislation on the general for all other citizens grounds.
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This law in Russia introduces a notification procedure for the construction of residential buildings 1) on land plots of individual housing construction, 2) plots of private household plots within the boundaries of settlements and 3) garden and dacha plots of citizens.
Instead of asking for permission to build a residential building, any citizen - the owner of such a site - has the right to simply NOTIFY the local administration about the planned construction of a residential or garden house (Article 51.1 of the Civil Code of the Russian Federation) by registered mail, through the portal of state services or through the MFC, by sending a paper in the form type:
“I, full name, living there, passport No., I own a land plot (address) with such and such a cadastral number on such and such a right (lease, property, free use, etc.), the permitted use of the site is such and such ( for example: private household plots, individual housing construction, gardening), intends to build on it an individual dwelling house (garden house) measuring __ by __ m from 2 (3) floors __ meters high [now up to 20 m is allowed]. This house is not intended for division into independent real estate objects. What I notify (inform) the administration in accordance with Federal Law No. 340-FZ of 03.08.2018.
I propose to send a notification to my postal address (or to my e-mail) about the compliance of my house with the parameters established by law for its construction in accordance with article 51.1 of the Urban Development Code of the Russian Federation.
Yours faithfully, ... ... ... (name, signature, date) ".
Application - a document of title to a land plot (a lease agreement, a gratuitous use agreement, etc. or an extract of the USRN on ownership, but it is not required to attach it without fail, because the administration will receive all USRN information through interdepartmental communication or simply look into the computer , where they are already).
Next, the administration, within 7 days, checks the parameters of future construction (primarily for whether the construction corresponds to the type of permitted use of the land plot and its territorial zone in accordance with the local PZZ) and sends the applicant its notification about the compliance of the building with the established parameters and its admissibility of placement on the land plot. The form of this notification (and notification from the citizen) will be approved by the Ministry of Construction of the Russian Federation, and while such a form has not yet been approved, the administration can be notified about the planned construction in free form, since Law No. 340-FZ of 03.08.2018 has already entered into force and you can use it directly.
The administration no longer has the right to prohibit construction just like that, but can only in accordance with Part 10 of Art. 51.1 of the Civil Code of the Russian Federation to draw up a notification about the non-compliance of the building with the law and its parameters - but the administration must do this within 7 days, while properly substantiating its position, and if such a notification from the administration does not come to the developer within 7 days, the construction is considered agreed (h .13 Art.51.1 GRK).
Such a time limit will prevent future construction only in the presence of obvious and gross violations of the law, in particular:
1) when the planned construction does not correspond to the established type of permitted use of land (for example, a residential house on the site "for gardening" is going to be built);
2) when the planned construction does not correspond to the established development parameters in the PZZ (for example, due to the inadmissibility of placing residential buildings in a particular territorial zone), and
3) when the violation of the law is clearly and immediately visible - for example, the land plot is located in some security zone (for example, next to a gas pipeline) and construction there is not allowed at all.
At the same time, the treasury bears responsibility for losses by improper notification (part 15 of article 51.1 of the Civil Code of the Russian Federation).
Failure to receive any letter and notification is considered approval of the construction and gives the developer the right to carry out construction in accordance with the parameters specified by him within 10 years from the date of sending his notification to the administration.
This is the legal mechanics of the presumption of the conscientiousness of a citizen, the legality of any activity carried out by a person and the fiction of the state's tacit consent to this activity in the absence of reasonable objections to its implementation when applied to the construction of residential buildings by citizens and families on their land.
SO EVERYONE CAN BUILD A HOUSE TODAY. It remains to make changes to the Law on personal subsidiary plots and the Land Code of the Russian Federation - and it will be possible to build residential buildings not on 1% of the territory of Russia, but EVERYWHERE. Currently, these changes are already being prepared. But already now, the most difficult ban has been lifted from Russia, which blocked the will of people to build their own home on their land. And these changes to the RF GRK are significant and long-awaited. For no one has ever received permits for the construction of private residential buildings in the proper manner and within the timeframes due in accordance with the law in Russia! This is not our mentality and not our gene pool to live on our own land by someone else's will! Our ancestor, century after century and millennium after millennium of his own free will and came to earth, of his own free will and put a house on his land. With this, Russia was inhabited, and expanded, and strengthened! And now it is given to return to this original tradition in Russia! The next step is the construction of residential buildings on agricultural land and the law on family estates!
Last week, with the help of our St. Petersburg expert on the new Federal Law No. 340-FZ of August 3, 2018, "On Amendments to the Urban Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation." The emphasis was placed on the fact that this next regulatory act of the authorities will add "headaches" to both the SRO and the National Associations. Then we . Both publications aroused great interest of the professional community, and most importantly, many questions that continue to come to the editorial office. A group of our volunteer experts from the two capitals agreed to provide answers to questions from readers of the site on the application of the new law. And today we are starting to publish the answers of our experts.
QUESTION. In what period should SROs bring their documents in line with the provisions of Federal Law No. 340-FZ?
ANSWER... Federal Law No. 340-FZ of August 3, 2018 does not define a transition period. This document came into force on the date of publication - August 4, 2018.
Considering that the provisions of the Federal Law actually provide for amendments to the constituent and internal documents of the SRO, as well as amendments to the bylaws of the Russian Federation, there are several possible options for the SRO's actions:
A) making changes in one step:
- holding a general meeting of members of the SRO and a meeting of its permanent collegial body after the entry into force of all by-laws and preparation, taking into account their requirements, draft documents of the SRO;
- preparation and amendment of SRO documents taking into account the requirements of Federal Law No. 340-FZ;
- preparation and amendment of SRO documents, taking into account the requirements of by-laws.
ANSWER. In accordance with part 1 of article 55.6 of the Town Planning Code of the Russian Federation, a legal entity (including a foreign legal entity) and an individual entrepreneur can be accepted as members of a self-regulatory organization, provided that such legal entities and individual entrepreneurs meet the requirements established by the self-regulatory organization for its members, and payment by such persons in full contributions to the compensation fund (compensation funds) of the self-regulatory organization, unless otherwise provided by this article.
Federal Law No. 340-FZ instructs SROs to establish requirements for their members who carry out only the demolition of capital construction projects under construction contracts, as well as the size of the contribution to the compensation fund for securing contractual obligations in the form of a simple level of responsibility.
Based on the foregoing, the SRO has the right to admit to its members legal entities or individual entrepreneurs who carry out only demolition of capital construction projects under construction contracts, after the adoption and entry into force of the relevant internal documents of the SRO, which impose requirements on persons who carry out only demolition of facilities under construction contracts. capital construction.
QUESTION. Is there a separate right to demolish capital construction projects that an SRO can grant to its members?
ANSWER. Article 55.8 of the Urban Planning Code of the Russian Federation has been amended by Federal Law No. 340-FZ practically throughout the text, starting with a change in the title of the article itself. Now Article 55.8 is titled as follows: “The right of a member of a self-regulatory organization to carry out engineering surveys, prepare project documentation, construction, reconstruction, overhaul, demolition capital construction objects ".
Changes have also been made to part 1 of article 55.8 of the Urban Planning Code of the Russian Federation:
"1. An individual entrepreneur or legal entity has the right to carry out engineering surveys, prepare project documentation, construction, reconstruction, overhaul , demolition capital construction projects under a contract for engineering surveys, preparation of project documentation, under a construction contract, under a work contract for the implementation of demolition concluded with a developer, technical customer, a person responsible for the operation of a building, structure, or a regional operator, provided that such an individual entrepreneur or such a legal entity is a member of a correspondingly self-regulatory organization in the field of engineering surveys, architectural and construction design, construction, reconstruction , overhaul, demolition capital construction projects, unless otherwise provided by this Code. "
At the same time, part 12 of Article 55.16 of the Urban Planning Code of the Russian Federation is supplemented with a new clause, which introduces a separate contribution to the compensation fund for compensation for harm:
"6) one hundred thousand rubles if a member of a self-regulatory organization plans to carry out only the demolition of a capital construction facility not related to construction, reconstruction of a capital construction facility (simple level of responsibility of a member of a self-regulatory organization)."
Also in clause 1, the words are supplemented: “1) one hundred thousand rubles if a member of a self-regulatory organization plans to carry out construction, reconstruction (including the demolition of a capital construction object, its parts in the process of construction, reconstruction), overhaul of a capital construction object (hereinafter for the purposes of this part - construction), the cost of which under one contract does not exceed sixty million rubles (the first level of responsibility of a member of a self-regulatory organization) ".
As can be seen from the amended clause 1, the demolition of a capital construction facility is an integral part of the right to build and reconstruct capital construction facilities, if the person also carries out construction and / or reconstruction of capital construction facilities.
Based on the above norms, for persons carrying out only the demolition of capital construction projects, the right under a work contract for the implementation of demolition concluded with a developer, technical customer, a person responsible for the operation of a building, structure, or a regional operator is an independent (separate) right that the SRO provides to your member.
EDITORIAL. In the near future, we will continue to publish the responses of our volunteer experts. And we expect new questions from all readers on Federal Law No. 340-FZ.
Your ZaNoStroy.RF
29.11.18
Letter of the Ministry of Economic Development of Russia dated 07.11.2018 N 32363-VA / D23i "On the application of the provisions of Federal Law dated July 13, 2015 N 218-FZ and Federal Law dated August 3, 2018 N 340-FZ in terms of cadastral registration and state registration of rights for objects of individual housing construction and garden houses "
MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION
ABOUT APPLICATION
CADASTRE ACCOUNTING AND STATE REGISTRATION OF RIGHTS
FOR INDIVIDUAL HOUSING CONSTRUCTION OBJECTS
AND GARDEN HOUSES
On August 4, 2018, the Federal Law of August 3, 2018 N 340-FZ "On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" (hereinafter - Federal Law N 340-FZ) entered into force, which introduced the notification procedure for the construction of individual housing construction objects (hereinafter referred to as the IZHS object) instead of the previously existing permitting procedure, as well as amended certain provisions of the Federal Law of July 13, 2015 N 218-FZ "On state registration of real estate" (hereinafter referred to as the Federal Law N 218- FZ).
In addition, from January 1, 2019, the Federal Law of July 29, 2017 N 217-FZ "On the conduct of gardening and truck farming by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation" (hereinafter - Federal Law 217-ФЗ), which, in particular:
Federal Law of April 15, 1998 N 66-FZ "On horticultural, vegetable gardening and dacha non-profit associations of citizens" (hereinafter - Federal Law N 66-FZ) is recognized as invalid;
excluded from the legislation are the concepts of "suburban land plot", "residential building";
the concept of "garden house" is introduced (paragraph 2 of Article 3
a garden house can be recognized as a residential building, a residential building can be recognized as a garden house in the manner prescribed by the Government of the Russian Federation (part 3 of article 23 of Federal Law N 217-FZ);
types of permitted use of land plots "garden land", "for gardening", "for gardening", "summer cottages", "for maintaining a summer cottage economy" and "for summer cottage construction", contained in the Unified State Register of Real Estate (hereinafter - USRN) and (or) specified in title or other documents are considered equivalent; land plots for which such types of permitted use are established are garden land plots (part 7 of article 54 of Federal Law N 217-FZ);
buildings located on garden plots, information about which was entered in the USRN before the date of entry into force of Federal Law N 217-FZ with the designation "residential", "residential building", are recognized as residential buildings (part 10 of Article 54 of Federal Law N 217-FZ) ...
From the date of entry into force of Federal Law N 340-FZ (August 4, 2018) as a result of amendments to the Town Planning Code of the Russian Federation (hereinafter referred to as the Town Planning Code), the concepts of "individual housing construction object", "residential building", "individual residential building" are applied in one meaning, unless otherwise provided by federal laws and regulatory legal acts of the Russian Federation (paragraph 39 of Article 1 of the Town Planning Code).
In accordance with the amendments made by Federal Law N 340-FZ to Federal Law N 218-FZ, the state cadastral registration of the created IZhS objects, garden houses and state registration of rights to them must be carried out simultaneously on the basis of an application by a public authority or a local self-government body authorized for the issuance of building permits. The application by the indicated authorities is submitted in electronic form, the application must be accompanied by:
notification of the completion of construction or reconstruction of an individual housing construction facility or a garden house;
a technical plan submitted by the developer, together with a notification of the completion of construction or reconstruction of an individual housing construction or a garden house, to a state authority, local government body authorized to issue construction permits;
an agreement on the determination of shares in the right of common shared ownership of built or reconstructed IZHS object or garden house, concluded between the rightholders of the land plot, if the land plot on which the IZhS object or garden house is built or reconstructed belongs to two or more citizens on the basis of the right of common shared ownership or leased out with a plurality of persons on the tenant's side.
In the notification of the completion of the construction or reconstruction of an individual housing construction or a garden house, information on the payment of the state duty for state registration of the right to the created real estate object must be indicated (part 16 of Article 55 of the Town Planning Code).
The developer has the right to independently apply to the registration authority in case of non-fulfillment by the state authority or local authority authorized to issue construction permits of the above obligation. In this case, the developer submits only an application to the rights registration authority, the rights registration authority requests other documents from the state authority or local government authority authorized to issue construction permits (part 1.2 of Article 19 of Federal Law N 218-FZ).
information that the notification of the completion of construction or reconstruction of an individual housing construction or a garden house, for the state cadastral registration and (or) state registration of rights of which an application was submitted, was not sent (or returned without consideration and is considered undirected) by the developer to the state authority or body local governments authorized to issue building permits (paragraph 59).
In this regard, we believe it necessary to pay attention to the following.
Concerning residential buildings and residential buildings, created or created on garden or summer cottages.
In this case, it is also not required to send a notification about the planned construction, provided for in Article 51.1 of the Urban Planning Code (as amended by Federal Law N 340-FZ), nor to obtain permission to put the facility into operation (parts 3 - 4 of Article 16
5. At the same time, if there is a permit for the construction of an individual housing construction facility, the developer notifies the executive authority or local government body that issued a permit for the construction of an individual housing construction facility, in accordance with part 16 of article 55 of the City Planning Code (part 4 of article 16 Federal Law N 340-FZ).
In this case, consideration of the notice of completion of the construction or reconstruction of the IZhS facility is carried out according to the rules provided for by parts 18 - 21 of Article 55 of the Town Planning Code (as amended by Federal Law N 340-FZ). Sending a notification about the discrepancy between the constructed or reconstructed IZhS facility with the requirements of the legislation on urban planning activities is allowed only if the IZhS facility does not comply with the requirements of the permit for the construction of the IZhS facility.
The developer must attach, among other documents, a technical plan of the created IZHS object to the notification of the completion of construction.
In these cases, information about the IZhS object, with the exception of information about the location of the IZhS object on the land plot and its area, is indicated in the technical plan based on:
either a building permit and design documentation for such an object (if any);
or a building permit and a declaration on a real estate object provided for in part 11 of article 24 of Federal Law N 218-FZ (as amended by Federal Law N 340-FZ) (if the project documentation was not produced).
When considering the documents submitted by a state authority or local government authorized to issue construction permits with an application for the implementation of state cadastral registration and state registration of rights to the created IZHS object or at the request of the registration authority (part 1.2 of Article 19 of Federal Law N 218-FZ ), it is not allowed to suspend such registration and registration actions due to the lack of notification of the planned construction (reconstruction) of the IZhS facility, since in this case, when preparing the technical plan, a construction permit is applied.
Also, if an application for the implementation of state cadastral registration and state registration of rights was submitted by the rightholder of the land plot before the entry into force of Federal Law No. 340-FZ, such a statement and the documents attached to it, including in the case of suspension of registration and registration actions, should be considered in accordance with the rules of Federal Law No. 218-FZ, which were in effect prior to the entry into force of Federal Law No. 340-FZ.
6. In the event that the construction (reconstruction) of an individual housing construction facility on a land plot intended for individual housing construction or for maintaining personal subsidiary plots, within the boundaries of a settlement, has begun before obtaining a building permit in accordance with the established procedure and before the entry into force of Federal Law N 340- Federal Law, the copyright holder of such a land plot has the right, until March 1, 2019, to send to the federal executive body, the executive body of the constituent entity of the Russian Federation or local self-government body authorized to issue construction permits, as provided for in Part 1 of Article 51.1 of the Town Planning Code (as amended by Federal Law N 340- FZ) notification of planned construction or reconstruction on the corresponding land plot of the IZhS facility (part 5 of Article 16 of Federal Law N 340-FZ).
Consideration of such a notification is carried out in accordance with the procedure provided for in Article 51.1 of the Town Planning Code, upon completion of construction, the rightholder of the land plot sends a notice of completion of construction or reconstruction provided for in Part 16 of Article 55 of the Town Planning Code, and consideration of such a notice is carried out in accordance with the procedure established by Parts 17 - 21 of Article 55 of the Town Planning Code. code. In this case, obtaining a building permit and a permit to commission the facility is not required.
Thus, in relation to part 5 of Article 16 of Federal Law N 340-FZ, it should be noted that this provision allows for state cadastral registration and state registration of rights to residential buildings, the construction of which has begun (including begun and completed) before the date of entry into force of the specified Law, without a building permit (despite the requirements of Article 51 of the Town Planning Code as amended, in effect until August 4, 2018), subject to the submission of a corresponding notification to the authorized body by March 1, 2019. At the same time, the combination of these facts (lack of a building permit, starting construction without a building permit, lack of a permit to put an object into operation) is not in itself grounds for suspending state cadastral registration and state registration of rights to a residential building, subject to the requirements provided for and the Town Planning Code (as amended by Law N 340-FZ).
7. Regarding the preparation of a technical plan for an IZHS object or a garden house, the construction of which has not been completed.
9. Regarding the forms of notifications required for the construction or reconstruction of an individual housing construction facility or a garden house.
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