Additional material support certain categories of citizens were introduced by the decree of the President of the Russian Federation of November 30 “On additional material support for citizens for special services to the Russian Federation.” this material support is called an additional payment to a regular pension; such an additional payment is established personally by order of the President of the Russian Federation in the amount of up to ten times the minimum wage.
For retired judges, a lifetime monthly salary is established. This provision applies to the following categories of judges who are granted the right to monthly monetary maintenance. On the status of judges in the Russian Federation: Law of the Russian Federation of June 26, 1992 No. 3132-1 (as amended on November 28, 2015, as amended on December 14 .2015) // RG. ? 1992. - No. 170.:
For a retired judge who has worked in this position for more than 20 years, the monthly lifetime allowance increases at the rate of: for each year of work experience over 20 years - 1% of the specified allowance, but in total no more than 85% wages holding the corresponding position of judge.
Retired judges who have become disabled due to war trauma, have the right to receive a monthly lifelong allowance and a disability pension.
Military service is a special type labor activity, associated with an increased risk to the life and health of the citizens performing it. To compensate for social risks, the legislation on the status of military personnel provides for a special system of guarantees and compensation aimed at protecting the rights of military personnel. One of its elements is the material support of military personnel, which is complex. With a broad approach, it can include monetary allowance, housing, clothing, medical and food support Antipyeva N.V. Additional material support in the system of social risk compensation for persons undergoing military service under a contract // Military-legal journal? 2011. ? No. 1. P. 4 - 7.. It involves the provision of additional payments for the conscientious performance of military duty, additional payments and allowances for special conditions of service, allowances for length of service, payments in connection with appointment to a position or change marital status, payments in connection with the presence of special knowledge and skills in the military personnel. Allowances and others additional payments military personnel can also be established by the President of the Russian Federation, the Government of the Russian Federation, and, within the allocated allocations, by the Minister of Defense of the Russian Federation (the head of another federal executive body in which military service is provided for by law).
From May 1, 2005, in accordance with Decree of the President of the Russian Federation dated March 30, 2005 No. 363 “On measures to improve the financial situation of certain categories of citizens of the Russian Federation in connection with the 60th anniversary of Victory in the Great Patriotic War of 1941-1945” additional monthly financial support installed:
In addition, additional monthly financial support is established:
military personnel who served in military units, institutions, military educational institutions that were not part of the active army, in the period from June 22, 1941 to September 3, 1945 for at least six months, military personnel awarded orders or medals of the USSR for service in specified period; widows of military personnel killed during the war; widows of disabled people of the Great Patriotic War;
persons awarded the badge “Resident of besieged Leningrad”; former adult prisoners of Nazi concentration camps, prisons and ghettos. For these categories of citizens, additional monthly financial support is established in the amount of 500 rubles.
Only citizens of the Russian Federation have the right to additional monthly financial support.
At the same time, additional monthly financial support for citizens of the Russian Federation is established regardless of their place of residence.
For persons entitled to receive additional monthly financial support on several grounds, it is established on one of the grounds, which provides for a higher amount. In the event that citizens have the right to various pension payments provided for by the legislation of the Russian Federation or regulatory legal acts of the constituent entities of the Russian Federation and local governments, additional monthly financial support is established regardless of the receipt of other payments.
Additional monthly financial support is paid by the territorial body of the Pension Fund along with the pension.
In 2005, additional monthly financial support was established without application, based on documents available in the payment files of recipients of pensions and other social benefits. Currently, citizens who have the right to additional monthly financial support, but have not realized it in a timely manner, must submit an application for the appointment of this payment to the territorial body of the Pension Fund of the Russian Federation at their place of residence.
For former adult prisoners of Nazi concentration camps, prisons and ghettos, a special procedure is provided for confirming the right to additional monthly financial support. The specified security was established for these persons on the basis of the data transferred to the Pension Fund of the Russian Federation from the Federal State Institution “Fund for Mutual Understanding and Reconciliation” as of April 30, 2005, in the presence of information about the amount of the said Compensation Fund appointed by the expert commission or on the basis of other documents issued by the competent authorities of the Russian Federation Federation containing the necessary information.
The Decree of the President of the Russian Federation provides for an exhaustive list of places of forced detention, therefore, persons who were held in other places of forced detention (for example, worked in enterprises, in agriculture and households, etc.) do not belong to the category of former adult prisoners, and, therefore, additional monthly material support cannot be established for them On the provision of benefits to former minor prisoners of concentration camps, ghettos and other places of forced detention created by the Nazis and their allies during the Second World War: Decree of the President of the Russian Federation of October 15, 1992 No. 1235 // Collection of acts President and Government of the Russian Federation. - 1992. ? No. 16. ? Art. 1240..
For citizens who have the right to additional monthly financial support and who are not pensioners, the specified support is assigned and paid by the territorial bodies of the Pension Fund of the Russian Federation at the place of residence, and in the case of permanent residence outside the Russian Federation - by the Pension Fund of the Russian Federation.
DEMO is assigned to certain categories of citizens after checking the Pension Fund documents provided by the applicant. Based on the results of monitoring, a decision is made to approve or deny the benefit. If a positive decision is made, the payment will be made on the same day as the pension payment.
DEMO in the amount of 1000 rubles is received by:
500 rubles are paid:
Citizens who are marked with signs of special merit to the state receive financial assistance, directly dependent on the size of the pension:
To assign a DEMO, you need to do the following:
To contact the PF territorial branch you need to have the following documents with you:
Any citizen of the Russian Federation who belongs to the corresponding category of citizens has the right to DEMO, even if he does not currently live in Russia. To receive the benefit, you need to contact the Pension Fund with the above documentation, but in addition, attach a certificate confirming citizenship.
From May 1, 2005, additional monthly financial support (DEMO) by Decree of the President of the Russian Federation of March 30, 2005 No. 363 “On measures to improve the financial situation of certain categories of citizens of the Russian Federation in connection with the 60th anniversary of Victory in the Great Patriotic War of 1941-1945 years" is established
in the amount of 1,000 rubles:
in the amount of 500 rubles:
From September 1, 2005, by decree of the President of the Russian Federation of August 1, 2005 No. 887 “On measures to improve the financial situation of disabled people due to war trauma,” a DEMO was established in the amount 1,000 rubles for disabled people due to military trauma, with the exception of citizens who are already receiving DEMO in accordance with Decree of the President of the Russian Federation of March 30, 2005 No. 363 “On measures to improve the financial situation of certain categories of citizens of the Russian Federation in connection with the 60th anniversary of Victory in the Great Patriotic War of 1941 -1945."
It does not matter during which military and equivalent service the citizen became disabled as a result of a military injury and whether the specified cause of disability is related to military and equivalent service in “hot” spots or the performance of other official duties. The main thing is that the current document of the medical and social examination institution (in the VTEC certificate, in the ITU certificate) indicates the cause of disability - “military injury”. It also does not matter in what years this disability was received.
Only citizens of the Russian Federation have the right to additional monthly financial support, regardless of their place of residence. Additional monthly financial support is paid by the territorial body of the Pension Fund of the Russian Federation along with the pension.
For persons entitled to receive additional monthly financial support on several grounds, it is established on one of the grounds, which provides for a higher amount.
If citizens have the right to various pension payments provided for by the legislation of the Russian Federation or regulatory legal acts of the constituent entities of the Russian Federation and local governments, additional monthly financial support is established regardless of the receipt of other payments.
Features of pension provision for prosecutors, investigators, and customs officers (compared to pension provision for persons who served in military service and service in internal affairs bodies) are reflected in the by-laws. These acts develop and specify the provisions of the Law on Pensions for Military Personnel, taking into account the specifics of the activities of prosecutors and investigators, which are taken into account when assigning pensions.
The most important distinctive features in the pension provision of these persons are related to the procedure for calculating length of service for assigning a pension for long service. The procedure for calculating length of service and the rules for assigning this pension are approved by the Government of the Russian Federation.
Pension provision for certain categories of citizens
Citizens of the Russian Federation who have served in the military or other equivalent service may be provided with an old-age labor pension (including early) or a disability labor pension in the manner and under the conditions determined by the Law on labor pensions. In this case, the transformation of pension rights acquired during the period of service into calculated pension capital occurs if the following conditions are simultaneously met:
Since these persons were not subject to compulsory pension insurance and no insurance premiums were paid for them, they pension capital is formed from federal budget funds, which are transferred to the Pension Fund of the Russian Federation. In this case, these persons acquire the status of insured persons.
The amount of funds credited to the individual personal account of these insured persons is determined depending on the length of service that took place no earlier than 2002. The conversion of the pension rights of the insured persons into the calculated pension capital is carried out when these persons are assigned the insurance part of the old-age labor pension (labor pension). disability).
The periods of service taken into account when converting the pension rights of insured persons into the calculated pension capital are not included in the length of service, taking into account which a long-service pension or monthly lifetime allowance is assigned.
Purpose early retirement citizens recognized as unemployed
The Employment Law contains very important provisions that establish an additional basis for the appointment of an early pension assigned before the achievement of the general retirement age on a basis that is not provided for by the Law on Labor Pensions.
Early retirement under this Law can only be granted if a number of conditions are simultaneously met (Table 7.1). These conditions relate to the status of a citizen, his age, the availability of general and special insurance period, reasons for leaving your last job. The pension is assigned no earlier than two years before the age at which the old-age labor pension is assigned on a general basis or early in accordance with the Law on Labor Pensions.
Table 7.1. Conditions for assigning early pensions to citizens recognized as unemployed
The size of the pension assigned under the Employment Law is determined according to the rules for calculating the insurance part of the old-age labor pension. However, this pension is paid from the federal budget, therefore this pension, being essentially a state pension, contains elements characteristic of a labor (insurance) pension.
The payment of pensions established for unemployed citizens stops upon entering work, the duration of which is included in the insurance period. After termination of the specified work, the pension payment is restored.
Monthly life allowance for a retired judge
A special type of security, which is similar in purpose to a pension, is the monthly lifetime allowance of a judge. This type of payment is provided for by the Federal Constitutional Law of July 21, 1994 No. 1-FKZ “On the Constitutional Court of the Russian Federation” and the Law on the Status of Judges.
If a retired judge has a long career as a judge, he is paid (at his choice) either a pension on a general basis or a monthly lifetime allowance.
In accordance with the Law on the Status of Judges, monthly lifelong maintenance may be assigned if one or more conditions are met (Table 7.2). The right to monthly lifelong maintenance is granted to a judge who:
Table 7.2. Conditions for assigning monthly life allowance to a retired judge
The length of service in the legal profession, taken into account when assigning a monthly lifetime allowance, includes time spent working as a judge and other work in the legal profession:
Monthly lifelong maintenance is established in full or in proportion to the full amount, depending on the conditions of its provision.
The indicated full amount of monthly lifetime maintenance may be increased taking into account the following grounds:
If these grounds exist, the size of the increase is determined in the order indicated in the table. 7.3.
Table 7.3. The basis for increasing the monthly lifetime allowance
Payment of monthly lifelong maintenance is carried out from the federal budget.
Insurance supplements to pensions
The pension reform, the implementation of which began in 2002, provided for the formation of professional pension systems. The absence of a fundamental (framework) law in this area leads to the emergence of separate laws, the purpose of which is to increase the level of pension provision for certain categories of citizens in connection with their implementation of certain long-term professional activities.
One of these laws is the Law on Additional Social Security for Flight Crew Members. Since 2011, the Law on Additional social security employees of coal industry organizations. Additional pension provision carried out in the form of establishing a monthly supplement to the pension at the expense of additional contributions paid by employers for the intended purpose of paying this supplement. Additional payments are established as an additional guarantee in connection with harmful, dangerous, stressful and difficult working conditions of a special nature.
Additional contributions are paid by the relevant employers in addition to the total amount of insurance contributions provided for by the compulsory pension insurance system. The amount of the additional tariff depends on the category of citizens for whom the surcharge is established (Table 7.4).
Table 7.4. Additional tariff of insurance premiums, at the expense of which an insurance supplement to the pension is established
Such an additional payment is provided for by Federal Law No. 3-FZ of May 8, 1994 “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation” and is established for the pension assigned under the Law on Labor Pensions or the Law on Employment.
The monthly supplement to the pension is set in such an amount that the amount of the pension and the monthly supplement to it is, when exercising the powers of a State Duma deputy (member of the Federation Council) from one year to three years - 55%, over three years - 75% of the monthly monetary remuneration. The amount of the monthly supplement to the pension is recalculated when the monthly monetary remuneration of a deputy of the State Duma (member of the Federation Council) of the current convocation is increased in a centralized manner.
Payment of the monthly supplement to the pension is suspended when filling a government position in the Russian Federation, a government position in a constituent entity of the Russian Federation, a state civil service position or a municipal position in the municipal service.
A monthly supplement to the pension is not established for a citizen of the Russian Federation who has been assigned a long-service pension or monthly lifelong maintenance, or has been established with additional lifetime monthly financial support, or in accordance with the legislation of the constituent entities of the Russian Federation, a monthly supplement to the pension has been established.
Additional financial support for special merits
A special type of state supplement to pension is additional material support, which is provided for by the Law on Additional Material Support for Special Merits. Such security is established in addition to the assigned pension or monthly lifelong maintenance and has its own characteristics.
Citizens of the Russian Federation have the right to additional material support, regardless of their place of residence. Additional financial support is established for persons who simultaneously meet two criteria:
This Law lists the following state awards and honorary titles, presented in table. 7.6.
Additional financial support is not assigned if the citizen receives other monetary payments, which include:
Citizens who have the right to additional material support under the Law on Additional Material Support for Special Merits and additional material support under other regulations are assigned one of these payments at their choice.
Additional material support for special merits in monetary terms varies depending on the basis for which it was established (Table 7.7). Its size is calculated as a percentage of the size social pension and amounts to 415, 330 or 250% of the social pension. Additional financial support in the amount of 415% of the social pension is established for persons awarded the title of Hero (USSR, Russian Federation, Socialist Labor), in the amount of 330% - for persons awarded the title of Lenin or State Prize laureate), in the amount of 250% - for Olympic (Paralympic) champions , Deaflympics) games. Citizens awarded orders are included in all three groups, depending on the specific order.
Table 7.7. Amount of additional material support
Payment of additional material support is carried out from the federal budget. When the size of the social pension changes, the amount of additional material support paid increases at the same time. From January 1, 2010, the size of the social pension was 2,562 rubles. per month. From April 1, 2012, the amount of social pension, on the basis of which additional financial support is determined, is 3,626 rubles. 71 kop. per month.
Payment of additional financial support is made simultaneously with the payment of the corresponding pension or lifelong salary of the judge. A special procedure for the payment of additional material support is that it is not paid during the period of performance of paid work (regardless of its nature).
The procedure for assigning and paying pensions is regulated by laws and other regulatory legal acts. The legislation provides for some differences in the assignment and payment of certain types of pensions. But in general, the procedure established for the appointment and payment of labor pensions gives a general idea of this issue regarding deadlines, procedures, required documents, etc. In this regard, these issues are considered primarily using the example of the Law on Labor Pensions.
An application for a labor pension can be made at any time after the right to a labor pension arises, without any time limit. Such an appeal can be submitted in the form of an electronic document, the procedure for execution of which is determined by the Government of the Russian Federation and which is transmitted using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services.
The appointment is made by the body providing pensions at the place of residence of the person applying for the pension. When a pensioner changes his place of residence, the pension is paid at his new place of residence or place of stay.
The pension can be assigned:
In all these cases, the pension is assigned no earlier than the right to it arises.
By general rule The day of applying for a pension is considered to be:
In all cases, the required documents must be submitted along with the application. The documents necessary for the assignment of a labor pension can be requested from the applicant only in cases where the necessary documents or information are not at the disposal of state bodies and local governments. The applicant may submit the documents necessary for the assignment of a labor pension in full on his own initiative.
If not all necessary documents are attached to the application, the obligation to submit which is assigned to the applicant, the pension authority gives the person applying for the pension an explanation of what documents he must submit additionally. If such documents are submitted no later than three months from the date of receipt of the clarification, then the day of application is considered to be one of the specified dates (i.e., either the date of receipt of the application, or the date of sending the application for a pension, or the date of filing the application using information and telecommunication networks ).
Before the day of application, the pension is assigned in the cases presented in table. 7.8.
Table 7.8. Cases of granting a pension earlier than the day of application for it
Without a citizen's request, for example, an old-age pension is assigned to a person receiving a disability pension if he has reached the general retirement age (60 years for men, 55 years for women) and has at least five years of insurance experience. An old-age labor pension is assigned from the day of reaching the specified age on the basis of data available to the pension authority, without requiring an application from the citizen. The pension provision authority, within ten days from the date of the decision to assign an old-age labor pension to the specified person, notifies him of the assignment of this pension to him.
A pension (depending on its type) can be assigned for a certain period or indefinitely (Table 7.9).
Table 7.9. The period for which the pension is established
Since, as a general rule, a citizen has the right to receive one pension, then when grounds arise that give the right to receive different types pensions, he can choose any of them and switch from one pension to another. A transfer from one type of pension to another is made from the 1st day of the month following the month in which the pensioner submitted an application for transfer with all the necessary documents (if they are not in his pension file).
The list of documents required to establish a pension, the rules for applying for a pension, assigning it, transferring from one type of pension to another, paying this pension, maintaining pension documentation, including in electronic form, are established in the manner determined by the Government of the Russian Federation.
An application for a pension or transfer from one type of pension to another is considered no later than ten days from the date of receipt of this application or from the date of submission of additional documents. In case of refusal to satisfy the said application, the pension provision authority, no later than five days after the decision is made, notifies the applicant about this, indicating the reason for the refusal, the procedure for appealing it, and at the same time returns all documents.
Recalculation of pension amount
Thus, an adjustment is made if the pensioner’s individual personal account receives additional amounts of insurance contributions that were not taken into account when calculating the pension earlier.
A pensioner may refuse to adjust the size of his retirement pension upon written application.
Indexation of pension amounts
Indexation is a mechanism for adapting the size of pensions in order to maintain their real size due to rising prices.
Indexation is carried out if during the period determined by the Law on Labor Pensions, the price increase was at least 6%. Thus, the implementation of indexation depends on the period for which the price increase is determined, and on the level of this growth (i.e., on whether the price increase reaches the key parameter - 6% during this period) (Table 7.11).
If prices rise by less than 6% over a specified period, the indexation period increases.
Table 7.11. Terms for indexing pension amounts
The indexation coefficient is determined by the Government of the Russian Federation based on the level of price growth for the corresponding period.
In addition to price growth, another criterion is used, which is taken into account for indexation - the average wage growth index in the Russian Federation. If the annual average wage growth index exceeds the total indexation coefficient, then from April 1 next year pensions are further increased (since as wages increase, the amount of insurance contributions paid also increases). However, in this case, not only the annual growth index of average monthly wages is taken into account, but also the growth index of budget revenues of the Pension Fund of the Russian Federation.
The procedure for paying pensions
Responsibility of subjects of pension legal relations
The body providing pensions has the right to demand from individuals and legal entities the provision of documents necessary for the assignment, recalculation of the amount and payment of pensions, as well as to check the validity of the issuance of these documents.
Individuals and legal entities are responsible for the accuracy of the information contained in the documents they submit for the establishment and payment of pensions.
Employers, in addition, are responsible for the accuracy of the information provided for maintaining individual (personalized) records in the compulsory pension insurance system.
The pensioner is obliged to immediately notify the pension authority of the occurrence of circumstances entailing a change in the amount of the pension or termination of its payment.
If the submission of false information or untimely submission of information has resulted in an overspending of funds for the payment of pensions, the guilty persons shall compensate the Pension Fund of the Russian Federation for the damage caused in the manner established by the legislation of the Russian Federation.
In cases of non-fulfillment or improper fulfillment of duties and payment of excessive amounts of pensions in connection with this, the employer and pensioner shall compensate the pension provision body for the damage caused in the manner established by the legislation of the Russian Federation.
Compensation to the pension provision body by the employer and pensioner for damage caused is also provided for in the event of failure to fulfill or improper fulfillment of the duties assigned to them by law, if this resulted in the payment of excessive amounts of pensions.
In case of payment of excess pension amounts, these amounts are withheld from the amount of the assigned pension upon its next payment (i.e., deductions are made from the pension).
Deductions from pensions are made based on:
Deductions are made in an amount calculated from the amount of the assigned pension.
No more than 50% can be withheld, and in cases established by the legislation of the Russian Federation - no more than 70% of the pension amount. Deductions based on decisions of the bodies providing pensions are made in an amount not exceeding 20% of the pension amount.
In case of termination of pension payment before full repayment of the debt on overpaid amounts of pensions that were withheld on the basis of decisions of the pension authorities, the remaining debt is collected in court.
Additional monthly financial support (DEMO) is assigned to pensioners - citizens of the Russian Federation for outstanding achievements and special services to the Russian Federation, as well as in some other cases. To do this, you need to contact the body providing pensions with the appropriate application and supporting documents (clause 2 of Article 1 of the Law of March 4, 2002 N 21-FZ).
Step 1: Determine if you are eligible for DEMO
The right to DEMO for retirement arises, in particular, from following categories citizens of the Russian Federation:
1) having outstanding achievements and special services to the Russian Federation (clause 2 of article 1 of Law No. 21-FZ):
In addition, DEMO can be established by the President of the Russian Federation for other citizens of the Russian Federation who have special services to the people and the state in the field of state, social and economic activities or outstanding achievements in the field of culture, science and technology (clause 5 of Article 1 of Law No. 21-FZ );
2) in connection with the 60th anniversary of Victory in the Great Patriotic War of 1941 - 1945. (Decree of the President of the Russian Federation dated March 30, 2005 N 363):
3) recognized as disabled due to military trauma, with the exception of persons to whom DEMO is paid in connection with the 60th anniversary of Victory in the Great Patriotic War of 1941 - 1945. (Decree of the President of the Russian Federation dated 01.08.2005 N 887).
This material discusses the procedure for obtaining DEMO only for the specified categories of citizens. At the same time, the above list does not cover all categories of persons entitled to DEMO, in particular former members of the Federation Council of the Russian Federation, State Duma deputies, employees of organizations in the field of the nuclear weapons complex of the Russian Federation (Part 2 of Article 29 of the Law of 05/08/1994 N 3- Federal Law; clause 2 of the Decree of the President of the Russian Federation of August 23, 2000 N 1563).
Step 2. Prepare the necessary documents
To apply for DEMO you will need the following documents (clause 1, Decree of the Government of the Russian Federation dated 06/07/2002 N 390; clause 2 - List, approved by Resolution of the Ministry of Labor of Russia dated 08/06/2002 N 53; Rules, approved by Resolution Government of the Russian Federation dated April 30, 2005 N 273; Decree of the Government of the Russian Federation dated August 24, 2005 N 536; clause 19 of the Administrative Regulations, approved by Order of the Ministry of Labor of Russia dated June 28, 2017 N 520n):
Step 3. Submit documents to the pension authority
Such bodies (depending on the category of the pensioner) are, in particular, the Pension Fund of the Russian Federation, the Ministry of Defense of Russia, the Ministry of Internal Affairs of Russia, the FSB of Russia (Article 11 of Law No. 4468-1 of February 12, 1993; Clause 8 of Rules No. 273).
For citizens receiving two pensions through various bodies, DEMO in connection with the 60th anniversary of Victory in the Great Patriotic War of 1941 - 1945, as well as for disabled people due to military trauma, is assigned subject to documentary confirmation that the payment of the specified provision is not made by another body providing the pension security (clause 9 of Rules No. 273).
Step 4. Wait for the decision to assign DEMO
On an application submitted to the Pension Fund, a decision is made no later than ten working days from the date of receipt of the application and necessary documents. If the Pension Fund refuses to satisfy the application, the citizen will receive a notice within five working days from the date of the decision indicating the reason for the refusal and the procedure for appealing the decision (clause 12 of the Administrative Regulations).
DEMO for citizens who have outstanding achievements and special services to the Russian Federation is assigned from the day they apply for it, but not earlier than the day the corresponding pension is assigned and is paid simultaneously with it (
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