Military Pension Law

In the Russian Federation, legislation pays close attention to pensions.

Legislative acts regulate the process of assigning pensions, calculating due payments, additional payments and other issues in relation to pensioners. Moreover, if 400-FZ "On Insurance Pensions" applies to the bulk of persons, then in relation to certain categories of persons, another regulatory document may be taken into account, the effect of which applies only to representatives of a certain profession.

The pensions of doctors, civil servants, and workers in the northern regions are regulated separately. The Law "On Pension Provision for Servicemen" - ФЗ 4468 1 is also in force.

The law basically has a common standard normative act about, the effect of which applies to every citizen of the Russian Federation. At the same time, additional regulatory acts can regulate moments in favor of the employee; such acts cannot infringe on his rights. Almost all regulations in the Russian Federation imply the granting of a special status, preferential conditions and its larger size to employees. At the same time, the Law may also have a number of other features, which should be taken into account before using it to protect your rights.

FZ 4468-1 clearly defines the following provisions:

• who belongs to this category of persons;
• how the service time is calculated, taken into account when calculating the pension, what length of service can be considered preferential;
• what coefficient is used to calculate the amount of the due pension;
• basic rules for the appointment of a military pension;
• social guarantees;
• the size and incidence of disability due to wounds and injuries sustained in the performance of their official duties;
• when, to whom and in what amount the survivor's pension will be due, if such was the deceased soldier.

Often not only the main Law is used, but also additional regulations that will regulate certain points in solving these issues. For example, the Presidential Decree on amendments to the rules for calculating allowances and additional payments for length of service. An additional Government Decree is also used, which regulates in more detail the mechanism for calculating the length of service.

It is necessary to use the norms of the latest regulatory act with up-to-date information. Usually formulas and general provisions remain unchanged for a long time and change in some way only against the background of significant reforms. But the initial data used for the calculations (the amount of allowance) will be different in each separate billing period.

Sometimes one-time payments are possible, when, on a holiday or other occasion, people who have become disabled as a result of military service pay additional funds. Usually a fixed amount is set.

Survivor's pension

This type of pension payment is applicable to absolutely all categories of citizens in the broad sense of this term. Moreover, most often this concept means the payment of a child support pension after the death of one of the parents. Also, sometimes payments can be made to the parents or spouses if they are disabled dependents. In relation to the families of military personnel, the rules are somewhat different, therefore it is very important to take them into account, because for the relatives of the killed military personnel, not only a larger pension is provided, but also a wider circle of people who will be entitled to such payments as such.

It is interesting to immediately draw attention to the fact that even if the military man himself was already a pensioner, then after his death the family will have the right to receive on the same grounds as the families of those military men who continued to serve at the time of death. No reservations and restrictions, differences at the legislative level are additionally not provided.

Who is eligible for a pension?

Those persons whose relatives died in the course of military service or no later than 3 months after its completion are entitled to a survivor's pension of this special status. This includes disabled children, parents and spouses.

In some cases, the survivor's pension may persist even if the spouse remarries.

By the way, gender is a very important caveat! It does not matter who exactly was in the military service - husband or wife. The rights will be exactly the same at the legislative level. According to statistics, women most often enjoy this right, but a man, if he is disabled and his wife, a soldier, has died, will have the right to receive a survivor's pension. this payment will not be changed in any way.

The most controversial situations are situations regarding the presence of a dependent. Some situations are obvious if these are relatives of the first category and there is documentary evidence of the fact of kinship. But, for example, if a stepdaughter has an official father, but he does not take part in her upbringing in any way and the late stepfather supported her, then it can be difficult to prove this. The same goes for siblings. To do this, you must provide statements of regular cash payments, transfers to the dependent. It is even possible to provide evidence or any other evidence of your case as evidence. In court, this legal fact of direct financial dependence on the deceased will be established. Further, with this court decision, it will be necessary to apply to the Pension Fund to receive a survivor's pension.

Pension size, allowances

The minimum pension in this case is 150% of the estimated amount, which is provided for in Article 36 of this regulatory act. In this case, we are talking only about those cases when the injury, mutilation were received not through the fault of the military himself. The duty to prove the fact of intent lies with the military medical experts. If the fact of intent is proven, then the assigned size is automatically reduced to 30%. At the same time, the dependents retain the right to apply to the Pension Fund and apply for a pension on the usual standard conditions that apply to all citizens of the Russian Federation.

According to the standard procedure, the pension is calculated as 40% of the amount of the monetary allowance that the breadwinner received during his lifetime (determined in accordance with what position or in what rank he was at the time of death).

In all these cases, the law establishes that the pension will be assigned to each dependent the same, there are no distinctions. Regardless of the degree of kinship, the pension will be the same for all who are entitled to it. It must be understood that the amount of the due pension payment will be provided to everyone in full (one due pension will not be divided equally among all dependents.

A person will not be able to influence in any way the amount of money paid. If, for example, in the case of alimony, it is possible in court to demand the appointment of a larger amount, if there are objective reasons for this (diseases for the treatment of which a large amount is required), then in the case of pensions, everything is regulated only by the norms of current legislation. If the pension is assigned correctly, then it will be impossible to influence its size in any way.

If the child is officially re-adopted by another person, then the pension is automatically withdrawn.

By the way, military pensions will be withdrawn even if the soldier died directly through his own fault (violation of safety precautions, committing illegal actions). If the soldier was found guilty posthumously in some criminal case, then the pension will also be withdrawn. Certain categories of citizens who have the right to receive a survivor's pension on a general basis (disabled widows, children), taking into account the total number of work experience (calculated as standard, excluding preferential conditions of military service. not only to assign the prescribed military pension, but also to demand in court the payment of compensations (the prescribed pension in full) for the entire period when the pension was not illegally paid.

Assignment and payment of pensions

Depending on what are the grounds for applying for a pension, it will be different where exactly to apply for a pension. If a person has received a disability, then it is necessary to apply exclusively to the Pension Fund. The same applies to situations when, after the death of a soldier, a survivor's pension will be issued. According to the length of service, a person has every right to apply to a specialized branch institution (military enlistment office). To do this, in the event of a move, you must register. Further, when the need arises and the time comes to apply for a pension, you must provide:

• private bussiness;
• military ID;
• a copy of the passport (a registration stamp is required).

With these documents, you must contact the pension division of the military registration and enlistment office located at the place of registration of the pensioner. These documents are mandatory for everyone, but also, depending on each specific case, the list can be supplemented with several more important documents:

• certificate of disability (issued by the ITU authorities), the conclusion of the military medical examination;
• a military death certificate, as well as documents that confirm kinship, the presence of full-time education in universities and other documentation that confirms kinship and the fact of the presence of dependents;
• a certificate from the Pension Fund, which confirms any other pension payments in relation to this person;
• , employment contracts and other documents that can directly confirm the existence of work experience.

Usually, after submitting an application and a full package of documents, a maximum of 10 days pass before an official response from the Pension Fund. If a person has provided an incomplete list of the necessary documentation, then he is given 3 months to bring the missing documents. If he does not have time to do this within the prescribed time, then payments will begin to accrue from the day when the full package of documents is submitted, and not from the moment of the initial application.

If you suddenly have any doubts about the correct calculation of the due amount of the pension, then you should contact the head office of the Pension Fund for clarification or re-calculation.

To do this, it is enough just to send an official appeal, providing a copy of the answer received earlier. There is no need to re-submit certificates and other documents on the pension case - all this information has already been entered into the database. If necessary, you can indicate your examples of calculations so that explanations are provided for each specific item. If necessary, you can come directly to an appointment with a competent specialist of the institution. In rare cases, it may be more appropriate to go to court to defend your rights. In this case, it would still be logical to provide not only the answer of the Pension Fund, but also absolutely all documents in the case that should be used in calculating the pension.

At the same time, it is always very important to know about your rights to receive this or that payment in order to defend them if necessary. This is especially important for the relatives and dependents of the military - most often it is these people who simply do not know about their rights, which may entail the lack of application for the appointment of pension payments. It is just important to take into account that in relation to the military, all questions regarding pension provision will be regulated by this regulatory act (industry), and not by the Law on Pensions, which is standard for the bulk of Russian citizens who receive pensions on a general basis.