The main provisions of the law on pensions for military personnel
Military personnel, like all citizens of the country, have a constitutional right to pension support from the state.
Legislation provides for several types of military pension, depending on the reasons for the end of the service, including payments to family members of the defender of the Motherland in the event of his death.
The principles of pension support for citizens are formulated in federal law No. 166-FZ of December 15, 2001 “On State Pension Provision in the Russian Federation”. Article 8 of this law lists certain conditions under which a soldier or his relatives can apply for a pension.
In all details, the procedure for financial support by the state of such persons is indicated in law No. 4468-1 of February 12, 1993, which also affects employees of the internal affairs bodies, personnel of the national guard, etc. Pensions for military personnel are carried out without the participation of the Pension Fund of Russia, however, the presence for a pensioner-silovik, the minimum required civil service allows him to apply on a general basis.
In this case, the norms of Law No. 400-FZ of December 28, 2013 “On insurance pensions” also become applicable.
Pension provision of military personnel in modern Russia
The pension system of the Russian Federation has largely inherited the principles of state material support for military personnel and members of their families, established back in the Soviet period.
Currently, persons who have served under a contract for at least twenty years, as well as citizens whose total length of service is equal to or exceeds 25 years, of which 12.5 years or more are in the service, have legal grounds for receiving a military pension for long service. in the Armed Forces.
For the award of a superannuation pension based on a total of 25 years of service, at least half of which is in military service, it is mandatory for a person to have reached the age of 45 at the time of dismissal from service.
Another reason for receiving pension support from the state is a disability acquired in the course of military service or manifested after its completion for reasons directly related to it. At the same time, only disabled men over 60 years of age and women with disabilities at least 55 years old can count on an unconditional life of this type. A special examination may establish that a person who has not reached this age is no longer a disabled person - in this case, the payment of this pension is terminated.
If the death of a serviceman occurred in connection with the performance of his professional duties, the state assumes the material support of the persons whose breadwinner he was. These include dependents of the defender of the Motherland - children, brothers, sisters and grandchildren under the age of 18, a non-working spouse caring for children under the age of 14, and other categories of relatives who, for one reason or another, are unable to provide for themselves independently.
Calculation of the amount of pension provision for a serviceman
Article 43 of Law No. 4468-1 establishes the monetary allowance of a serviceman as the basis for calculating pension support, which includes the following components:
- official salary;
- salary according to military or special rank;
- monthly seniority bonus.
In the same article of the normative act, the value of monetary allowance for the purposes of determining the size of the pension is set from the beginning of 2012 at 54% of the real amount with an annual increase of 2% until 100% is reached. Depending on the level of inflation, the annual increase can be adjusted upwards.
The calculation of the pension for the length of service is carried out in the following way: twenty years of service in the Armed Forces provide the future pensioner with 50% of the nominal amount of monetary allowance, each additional year of service gives an increase of 3%, but not exceeding 85% in total.
Military personnel with a "mixed" 25-year seniority are also entitled to half the salary, while the allowance for each year over such experience is 1%.
The disability pension is determined on the basis of the allowance in a similar way. His share allocated for pension payments is calculated depending on the degree of limitation of the physical capabilities of the serviceman and the reasons that caused such a state.
Reducing the material support of military pensioners
In addition, in its complaint, the initiative group paid special attention to the existing exceptions to the procedure for calculating the amount of pension provision - in particular, the mentioned coefficient is not used to determine the amount of pensions for employees of the military prosecutor's office, military bodies of the Investigative Committee of the Russian Federation, as well as judges of the Military Collegium of the Supreme Court of the Russian Federation and military courts.
The reaction of the highest authority was the refusal to recognize the provisions outlined in the complaint as contrary to the Constitution. He was motivated by the fact that the current legislation does not contain clauses that in one way or another cause a reduction in pension support for military pensioners, and the exclusion from the general principle of certain categories of employees of military institutions is due to the peculiarities of their activities and the specifics of their legal status. What exactly this specificity consists of was not explained in the answer.
The Russian pension system is full of ambiguities and contradictions. Nevertheless, any citizen of the country who has devoted many years to work for its benefit can claim well-deserved financial support, and knowledge of the principles and laws of the functioning of this system will help to achieve the cash payments provided for by law as quickly and efficiently as possible.
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Mar 30, 2018 Benefit Help
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