Federal law on pensions for military personnel
Each country has a personal pension system, the main task of which is to providing assistance to citizens who have lost their ability to work.
On the territory of Russia, the principles on the basis of which it functions have significant differences from the generally accepted one.
Calculation of payments to citizens who belong to the category under consideration, including members of their families, is regulated by a separate legal act and is made not through a structural unit of the Pension Fund, but with the help of other departments - power.
Legislative rules
The pension provision of military pensioners is regulated by a list of legislative norms, the main of which is Federal Law No. 4468-1.
Russian legislation establishes a list of citizens who have the right to count on a military pension. In regulatory documents, you can easily find answers to all your questions, including the sequence of actions in case there is a possibility of obtaining various pensions.
Federal Law No. 4468-1 regulates pension option, as well as terms and conditions of payment.
In particular, a pension for military personnel of citizens and members of their families implies the accrual of material assistance, the amount of which directly depends on numerous factors, including disability.
It can be expressed as:
- developments of a sufficient length of service - military or mixed;
- disability, which was obtained for various reasons.
The survivor's pension is calculated in the amount of 30-40% from the established allowance of a serviceman whose death occurred while participating in hostilities. In other cases, the amount increases.
The ongoing pension reform since 2014 did not leave them aside either. Despite this, the amendments made can be assessed on the positive side.
Among main advantages allocate the following:
- the developed new form of calculation implies the introduction of a standard double pension provision and the definition of length of service;
- increase in allowances for certain categories of employees who were able to show activity and initiative during the performance of duty;
- increase in the maximum retirement age.
Without exception, all the privileges laid down for military pensioners are preserved.
The probable indexation of military pension allowance requires special attention. The program developed and approved by the Government of the Russian Federation several years ago determines that the payment is subject to recalculation every year in order to cover state inflation.
However, the unstable economic situation in the country entails difficulties during the implementation of this issue. For 2017, military pensions were only indexed by 4%, and the promised increase, scheduled for October, will only affect a limited number of pensioners.
Taking this fact into account, you should not count on receiving an increased amount of material assistance in 2018.
At the moment, the Government of the Russian Federation stubbornly promises to carry out indexation, the size of which will not be less than inflation. In addition, the increase in the social pension benefit will take place in April 2019.
It is also necessary to pay attention to the procedure for calculating the lump-sum payment, which, according to the norms of the law, must be transferred to all pensioners without exception as compensation.
In its original form, military pensioners were excluded from the list of categories of recipients, but already in the second reading, amendments were made to the legislation, and they can count on additional financial incentives.
Basic provisions of Federal Law No. 4468-1
Federal law includes:
- 6 chapters;
- 65 articles.
The norms of the law allow pensioners to independently choose for themselves the type of pension provision.
Please note that only one type of payment can be issued.
Financial assistance is accrued at the expense of funds from the federal budget, but the procedure is financed exclusively in a centralized manner.
The federal law contains:
1 chapter | Displays the General Provisions for the Retirement of Military Citizens |
Displays the General provisions of the pension provision of military personnel for long service | |
Explains the General provisions of the pension allowance of military personnel due to disability | |
Explains the General provisions of pension allowance due to the loss of a breadwinner from the military | |
Describes in detail the rules for calculating pension allowances for military personnel | |
Gives clarifications on the rules for registration and calculation of pension payments to military personnel |
Disability allowance and by reason is subject to registration for family members regardless of service life.
While retired, citizens can officially begin service in one of the following departments:
- internal affairs bodies;
- state fire service;
- control over the circulation of psychotropic and narcotic substances, etc.
At the same time, in case of receiving a pension allowance during service, its accrual is suspended. Only after the resignation of the payment resume.
It reserves the right to apply for several types of financial assistance at the same time. The main criterion is no new official marriage.
Spouses can expect to receive:
- pensions due to the loss of a breadwinner;
- or other form of financial assistance in accordance with the norms of the current legislation.
The parents of a deceased serviceman also have a legal right to apply for several types of assistance, for example, due to the loss of a breadwinner or otherwise, within the limits of applicable law.
Other regulations
Other legal documents that regulate the issue under consideration include:
- Federal Law No. 166 “On State Pension Provision on the Territory of Russia”;
- Federal Law No. 27 “On the Internal Troops of the Ministry of Internal Affairs in Russia”;
- Decree of the Government of the Russian Federation No. 941 on the rules for determining the length of service, processing and accruing the required payments and compensations, including benefits for citizens who have served in the military with the rank of ensign, officers, soldiers, sailors, sergeants, midshipmen and other military personnel who are on long-term service in law enforcement agencies , fire department, in the penitentiary system;
- Decree of the President of Russia No. 176 regarding the determination of the monthly allowance for pensions for certain categories of citizens.
Decree of the Government of the Russian Federation No. 941 sets out in detail list of periods. These time frames can be combined into following groups:
- time spent in military service and equated to it, for example, in law enforcement agencies, the border service and the criminal correctional department, etc .;
- military service in the Soviet Union;
- receiving education in military educational institutions;
- the time of receiving education in ordinary educational institutions, including secondary educational institutions, in which there were cycles or departments of military training, and the officers were recruited from the reserve, taking into account the profession received (similar rules apply to female officers not included in reserve - the specified length of service should be credited in the amount of up to 5 years, taking into account 1 year of study for six months of service).
In the latter case, under similar conditions, the time frame should be counted towards length of service due to education in civilian educational institutions for officers who, as full-time students, were enrolled in military educational institutions in order to continue the process of acquiring a profession.
In accordance with the above norms of the Decree of the Government of the Russian Federation, seniority must be counted exclusively on concession.
For instance:
- 30 days of military service for 3 months directly in the military unit, headquarters and departments that are part of the active troops, including in Soviet partisan detachments and formations already during the period of hostilities;
- if there are several or more reasons for crediting length of service for the purpose of obtaining pension coverage on preferential terms for one period of military service, length of service should be determined only on one basis, which provides the greatest privilege.
Paying attention to these features among military personnel, the mechanism for calculating the earned length of service, which provides direct impact for future pensions.
The Federal Law under consideration regulates to a sufficient extent the procedure for calculating pension material allowances for military personnel after they take a well-deserved rest.
Referring to its norms, one can defend personal interests during the occurrence of any misunderstanding with the authorized body.
Additional information is provided below in the video.