Conditions for granting a second pension to military personnel
Since 2008, military pensioners have the opportunity to receive another benefit - by age. The changing rules of the pension system require clarification on how accruals are made, who can claim a second pension intended for military personnel, and what criteria are taken into account.
An analysis of the current legislation will help to understand when the right to military and civil pensions is granted at the same time, how to apply for it and whether it is profitable to receive both benefits.
Before the introduction of amendments to the pension legislation, the calculation of payments was quite simple. After completing their service, they were recognized as pensioners and, regardless of age, received benefits from their department. The benefit accrued until they reached the actual retirement age established in the country. At the age of 60 for men and 55 for women, it was required to re-register documents and completely switch to a civilian type of payment, abandoning the military one.
The legislative framework
The system has changed dramatically over the past decade.
The list of laws necessary to study the issue of the formation and appointment of pensions for military personnel in 2017:
- 400 FZ of December 28, 2013 (“On insurance pensions”);
- 166 FZ of December 17, 2001 (“On State Pension Provision”);
- 156 FZ of July 22, 2008 (amendments to the law on pension provision);
- 4468-1 FZ of February 12, 1993 (“On military pensions”);
- 173 of the Federal Law of December 17, 2001 (“On labor pensions”, used in those parts that do not contradict Law No. 400 “On pensions in the Russian Federation”).
Military pension under law 4468-1 is due when leaving for the reserve for service or for medical reasons.
To apply for a grant:
- in terms of length of service, it is enough for employees of law enforcement and military departments to serve 20 years at the time of dismissal;
- it is necessary to quit not earlier than 45 years old, have at least 25 years of work experience, with at least 12.5 of them in the department;
- on disability, it is necessary to prove that it was acquired during the service (the disease can manifest itself immediately or within 3 months after dismissal);
- upon the death of the breadwinner during the period of service. Persons who were dependents of such a military man are entitled to apply for benefits.
When assigning a retirement benefit, the basis for dismissal is important. A soldier may leave the service as a result of changes in the staffing position, due to health or age, only then will he be eligible to receive payment.
The amount of disability benefits, seniority and social pensions in the Russian Federation intended for military pensioners and their relatives depends on the amount of allowance, rank, number of years of service, in addition, working conditions are taken into account when calculating. So the annual period of participation in combat operations is counted as 3 years of service. If you have to work in special conditions, then 3 years will be counted as 4 in the calculation.
The formula for calculating the seniority allowance, if 20 years have been worked in the military department at the time of dismissal: the average monetary allowance for 20 years × 50%.
For each additional year it is supposed to add 3%. When calculating, reduction factors are used, they depend on the territory of service, health status and other criteria.
The accrual of payments begins to be made from the moment a decision is made on the right to a preferential pension, in the 10th period after the serviceman applies for them.
The norms providing additional benefits to military personnel are set out in the amendments made by 156 FZ to Law 166. They contain criteria and requirements that give military personnel the right to receive 2 pensions: military and civil at the same time, or to choose one of the payments.
The circle of persons who can count on 2nd pensions is limited. The main civilian population, if there are several options for pension payments, is obliged to choose one.
Who is supposed to
According to the new rules, it is possible to demand a 2nd pension from the state if, by the time the age at which social guarantees are due, citizens are already receiving military benefits.
The law applies to persons who received disability benefits or on the basis of seniority, if it is earned:
- in the armed forces of Russia, the USSR or the CIS;
- in state guard, security or defense units;
- in fire departments;
- in the border service;
- in the system of criminal correctional bodies;
- in state departments for combating crimes;
- in other government departments classified as military departments.
In addition, the following are eligible for 2 benefits:
- parents, widows and children of military personnel who died during hostilities, service or at the end of it, if the cause was;
- parents, widows and children of cosmonauts who died in the line of duty;
- disabled persons.
You can understand whether a military pensioner is entitled to a 2nd pension by examining the conditions for its legal provision. If he meets all the requirements, then the pensioner has the right to count on an additional payment.
Criteria for granting a second pension
Civil insurance payment to military personnel is provided for those who meet the criteria approved by law.
Terms of appointment:
- Availability of preferential support (by length of service or disability).
- The onset of the established retirement age (for men - 60, for women - 55 years, for civil servants in 2017 - 60.5 and 55.5, with an annual increase to 65 and 63 years, respectively).
- Sufficient civil work experience (8 years - for 2017, in the future, the criterion will be increased annually by 1 year to reach the level of 15 years).
- A sufficient number of IPC - pension points (11.4 in 2017, with an annual increase of 2.4 points up to 30 years).
If the military payment is assigned by the department in which the applicant was registered, then the FIU is responsible for calculating and accruing the insurance part.
It is important to note that when calculating the 2nd pension, the fixed payment will not be taken into account.
Insurance contributions from civilian work will be taken into account only if the individual is registered with the OPS (mandatory pension insurance) system, and the contributions are transferred to the personal account of the former military man.
The individual account number is indicated in SNILS (insurance certificate). Receive a document in the FIU. SNILS is mandatory to provide for official employment.
Registration in the system allows the state to control:
- civil work experience;
- employer contributions to the Pension Fund made for an employee;
- salary.
Based on these indicators, the PFR calculates the insurance part.
Retirement Benefits
Like the civilian population, military personnel are entitled to preferences for lowering the retirement age, if there are grounds for this.
The grounds are:
- up to 10 years for participation in the elimination of the accident at the Chernobyl nuclear power plant;
- up to 10 years for service in hot spots or at facilities located underground;
- up to 5 years for service in the conditions of the Far North and in territories equated to it;
- up to 5 years for service in radiation hazardous places.
If, as a result of a combat injury, a serviceman became disabled and at the same time has at least 25 years of insurance experience, a reduction in the retirement age by 5 years is allowed.
Second pension for military personnel
By switching to a system of insurance savings, the state provided an opportunity for military personnel to take into account their experience gained during periods of work in civilian organizations. This is due to the fact that deductions are made to the FIU for each employee, including those who previously served in the military departments. The state recognized that it is unconstitutional to deprive the security forces of the right to take into account the earned work experience when calculating benefits.
The largest number of questions is caused by the process of accounting for seniority, when a civil pension is calculated. Work in law enforcement agencies often consists of several periods, for example, training at the VVU, military service, combat missions, and so on.
According to 400 FZ, the length of service includes labor, and they are legally equalized. For military and civilian equivalents, service is considered experience.
The FIU will calculate the years of work:
- before the introduction of the state pension insurance system (until 01.01.02);
- after 2002, if the former military employer transferred contributions to the mandatory pension insurance fund - OPS (that is, only with official employment).
Important! Only those years that were not previously credited when assigning military support can be taken into account in the insurance period.
When there is not enough insurance experience to accrue the second security, it can be supplemented with non-insurance periods listed in the law. For example, years of study at the university, periods of care for the disabled, parental leave, and so on. Studying in military schools is not included in the length of service.
Mixed experience
The concept of "mixed pension" arose from the fact that when it is calculated, periods of both military and civil service are taken into account. Most often, the term is used when assigning long-term security, when the term of service in the military field upon dismissal has not reached 20 years.
Given the new settlement systems, military personnel can apply for a mixed pension:
- at the time of dismissal, if they are entitled to a seniority allowance, taking into account the total length of service;
- after reaching retirement age, if they already have a service pension;
- upon reaching the age of retirement, if there is no service allowance due to lack of service.
Basis for calculating the basic collateral for the mixed type.
- Number of years of service.
- Total number of years worked (in civil and military service).
- The amount of monetary allowance and wages (average).
- The presence or absence of allowances.
The calculation of a mixed type pension is the sum of the average monetary allowance and civil salary for 25 years of work × 50%. For each additional year worked, 1% is added.
If the number of years of service for the calculation of preferential security for the military was not enough, then pension calculations are made on a general basis in accordance with 400 FZ. The service will be counted as seniority; in this case, a seniority pension is not required.
The basis for calculating the 2nd pension for military personnel is the contributions that a civilian employer must pay for them to the FIU on a monthly basis. All receipts are summed up on the individual pension account of the employee.
Based on the insurance period and the amount of deductions, depending on the employee's income, pension coefficients are formed - points. They are the basis of the procedure for the final accrual of insurance coverage.
The calculation formula consists of the product of the number of points and their price, which is approved at the legislative level. In 2017, the point value is 78.58.
Thus, the insurance part = IPC x 78.58.
The amount received will be credited as the second civil.
When forming pension savings, not only length of service and years of service are taken into account, but also periods when a soldier temporarily did not work for objective, often forced reasons. These include time spent caring for the elderly and disabled, active duty, maternity and parental leave.
Such periods will be taken into account if:
- for the specified time there is a documentary justification for absence from work / service;
- before and / or after these periods, the citizen worked / served.
The time spent is also converted into IPC, which are subsequently taken into the general calculation of the insurance pension.
In addition, a bonus system is provided in the calculation of payments. Citizens' benefit will be increased by additional points if the soldier continues to work after retirement age. Bonus points are awarded for each year worked during this period.
Payout indexation
Dismissal from service occurs most often at the age of 45. Continuing to work in the civilian field, a pensioner who has issued a second pension has the right to index it. The state annually performs indexing by default. In 2018, the recalculation date is scheduled for January 1, since at the same time an increase in the pay of active military personnel is expected.
Registration procedure
The 2nd pension for military personnel is issued at the nearest branch of the PFR. Benefit assignment is active. This means that until a former soldier applies for an insurance pension, it will not be presented.
To apply for a 2nd pension, military personnel must submit an application and submit documents to the FIU.
The required set of documents includes:
- Personal passport of a former military man with the specified registration.
- Copy of work book.
- Certificates from the place of work or service, reflecting the working period and salary, will be needed if the length of service is supposed to be taken into account until 2002, and there are no entries about it in the book (as well as for the planned accounting periods when contributions for the serviceman were not transferred to the FIU)
- SNILS.
- A certificate in the prescribed form on the availability of a military pension, which indicates all periods of service taken into account when assigning it.
- Certificate of salary for periods of work up to 2002.
- Documents confirming the presence of non-insurance experience.
- Birth certificates of children if there are minors or children under 23 years of age in full-time education.
- When changing the surname, a document confirming this fact will be required.
During the 2nd pension application process, documents evidencing entitlement to benefits may be required. For example, a certificate of disability, certificates of work in special conditions, and so on.
Former military personnel can apply for insurance coverage in several ways.
Ways to apply for 2nd pension:
- In the personnel department at the place of current work.
- Personally at the Pension Fund.
- Through the portal of public services.
- In the nearest accredited multifunctional center.
- By Russian Post, sending an application and documents by a valuable letter with a notification.
If it is not possible to deal with the execution on your own, you can use the services of a representative to submit an application and documents, then a power of attorney should be issued in his name at a notary.
A former soldier has the right to apply for a 2nd pension from the moment he becomes entitled to it. The term of application will be considered the date of assignment of benefits.
The FIU has 10 days to make a decision. If the application is denied, it must be motivated.
After the opportunity to receive two collaterals at the same time has been implemented,
the relevance of the transition to a civil pension has practically been lost.
Benefits from such a transition may exist:
- if the old-age benefit, taking into account the fixed base payment, exceeds the amount of military and insurance pensions, where the base is not taken into account (at modern rates of military payments, this is extremely rare);
- if the former military man does not have enough work and civilian experience.
If a citizen believes that he will win in money, then it will not be difficult to switch from the current pension to the civil one, for this you need to submit an application to the FIU.
If the topic of registration of the 2nd pension is relevant for you, leave your comments on the article. Share what problems you had to face, what were the reasons for the refusal of the FIU, were there any difficulties, taking into account certain periods of service in the length of service. If you have any questions, let's discuss them.