On the procedure for enacting the law of the USSR "on the provision of pensions for servicemen". The right of citizens discharged from military service to a “mixed pension III
« ABOUT pension provision persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families»
(as amended on November 28, December 27, 1995, December 19, 1997, July 21, 1998, June 1, 1999, December 6, 2000, April 17, December 30, 2001, January 10, March 4 , May 29, June 12, 30, July 25, 2002, January 10, June 30, 2003, June 29, August 22, December 29, 2004, February 2, December 21, 30, 2006, 1, 3 December 2007, February 13, May 8, July 22, 2008, April 28, July 24, November 9, 2009, June 21, December 10, 2010, July 1, 19, 2011)
Section I General provisions
* Article 1. Persons covered by this Law
* Article 2 "On labor pensions in the Russian Federation" and the Federal Law "On state pension provision in the Russian Federation"
* Article 3. Persons equal in pension provision to those who served in the military as officers or under a contract and their families
* Article 4
* Article 5. Types of pensions
* Article 6. Realization of the right to pension provision
* Article 7. The right to choose a pension
* Article 8
* Article 9. Payment of benefits
* Article 10. Funds for the payment of pensions
* Article 11. Federal executive authorities providing pensions
* Article 12 Additional social guarantees
* Article 13. Conditions determining the right to a pension for years of service
* Article 14. Pension amounts
* Article 15. The minimum amount of pension for years of service
* Article 16
* Article 17
* Article 18. Calculation of length of service for the appointment of a pension
Section III. disability pension
* Article 19. Conditions determining the right to a disability pension
* Article 20. Establishment of disability
* Article 21. Categories of disabled people
* Article 22. Pension amounts
* Article 23. Minimum disability pension
* Article 24. Additions to the disability pension
* Article 25. Period for which a disability pension is granted
* Article 26
* Article 27
Section IV. survivor's pension
* Article 28. Conditions determining the right to a survivor's pension
* Article 29. Family members entitled to a pension
* Article 30. The right to a pension on preferential terms
* Article 31. Family members of the deceased who are considered dependents
* Article 32 (repealed)
* Article 33. The right to a pension of adoptive parents and adopted children
* Article 34. The right to a pension of a stepfather and stepmother, stepson and stepdaughter
* Article 35. Maintaining a pension upon entering into a new marriage
* Article 36. Pension amounts
* Article 37. The minimum size of the survivor's pension
* Article 38. Supplements to the survivor's pension
* Article 39. Period for which a pension is granted
* Article 40. Allocation of the share of the pension
* Article 41. Termination of payment of a pension in case of loss of the right to it
* Article 42. The procedure and terms for establishing disability for family members of the deceased
Section V. Calculation of pensions
* Article 43. Monetary allowance for calculating pensions
* Article 44. Calculation of pensions for families of pensioners
* Article 45. Increasing pensions for certain categories of pensioners
* Article 46
* Article 47 (repealed)
* Article 48. Application of district coefficients to the amount of pensions
* Article 49
Section VI. Appointment and payment of pensions
* Article 50. Organization of work on pension provision
* Article 51. Application for the appointment of pensions
* Article 52. Consideration of applications for the appointment of pensions
* Article 53. Deadlines for assigning pensions
* Article 54. Day of applying for a pension
* Article 55
* Article 56. The general procedure for the payment of pensions and the bodies paying them
* Article 57. Payment of pensions to pensioners in the presence of earnings or other income
* Article 58. Payment of a pension not received on time by a pensioner
* Article 59 (deleted)
* Article 60 (deleted)
* Article 61 (repealed)
* Article 62. Pension deductions
* Article 63. Payment of a pension in the event of the death of a pensioner
* Article 64. Pension provision when traveling abroad
* Article 65. Disputes on pension issues
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Section I. General Provisions
Article 1. Persons covered by this Law
The conditions, norms and procedure for pension provision provided for by this Law shall apply:
persons who served in the military as officers, warrant officers and midshipmen or military service under the contract as soldiers, sailors, sergeants and foremen in the Armed Forces of the Russian Federation and the United Armed Forces of the Commonwealth of Independent States, the Federal Border Service and the border service of the Russian Federation, internal and railway troops, federal government communications and information agencies, civil defense troops, federal security service (counterintelligence) and border troops, foreign intelligence agencies, other military formations of the Russian Federation created in accordance with the legislation of the Russian Federation, and the families of these persons (for except for the persons specified in paragraph "b" of this article, and their families);
officers, warrant officers and midshipmen who served in the Armed Forces, troops and bodies of the State Security Committee, internal and railway troops, other military formations of the former USSR, and the families of these persons (with the exception of the persons specified in paragraph "b" of this articles, and their families);
private and commanding officers who served in the internal affairs bodies of the Russian Federation, the former USSR, in the State Fire Service, in the bodies for controlling the circulation of narcotic drugs and psychotropic substances and in institutions and bodies of the penitentiary system, and the families of these persons ( with the exception of the persons specified in paragraph "b" of this article, and their families);
persons referred to in Article 4 of this Law who have served in the military, served in the internal affairs bodies, bodies for the control of the circulation of narcotic drugs and psychotropic substances and institutions and bodies of the penitentiary system in other states, and the families of these persons - provided that treaties (agreements) on social security concluded by the Russian Federation or the former USSR with these states provide for the implementation of their pension provision under the legislation of the state in whose territory they live;
b) for persons who served in the military as officers, warrant officers and midshipmen or military service under the contract as soldiers, sailors, sergeants and foremen in the Armed Forces, the Federal Border Service and the bodies of the border service of the Russian Federation, internal and railway troops, federal bodies government communications and information, civil defense troops, federal security service (counterintelligence) and border troops, foreign intelligence agencies, other military formations of the Russian Federation and the former USSR, and in institutions and bodies of the penitentiary system created in accordance with the law, in the United Armed Forces of the Commonwealth of Independent States for private and commanding officers who served in the internal affairs bodies of the Russian Federation and the former USSR, the bodies for controlling the circulation of narcotic drugs and psychotropic substances, in the State Fire Service, and in institutions and bodies of criminal of the executive system, and the families of these persons who live in the states - the former republics of the USSR that are not members of the Commonwealth of Independent States, if the legislation of these states does not provide for the provision of their pensions on the grounds established for persons who have served in the military, served in the internal affairs bodies and their families.
Article 2 On Labor Pensions in the Russian Federation” and the Federal Law “On State Pension Provision in the Russian Federation”
Pension provision of persons who have been conscripted as soldiers, sailors, sergeants and foremen (formerly active military service) in the armed forces and military formations specified in paragraph "a" of Article 1 of this Law, and the families of these persons is carried out in in accordance with the Federal Law of December 15, 2001 N 166-FZ "On State Pension Provision in the Russian Federation" (hereinafter - the Federal Law "On State Pension Provision in the Russian Federation").
On the terms and in accordance with the norms established by the Federal Law of December 17, 2001 N 173-FZ "On labor pensions in the Russian Federation" (hereinafter - the Federal Law "On labor pensions in the Russian Federation") and the Federal Law "On state pension provision in the Russian Federation" Federation, pensions may be granted to the persons residing in the Russian Federation, specified in Article 1 of this Law, and to the families of these persons at their request.
On the grounds established by the Federal Law "On Labor Pensions in the Russian Federation", pensions are also assigned to former military personnel and persons in command of the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system deprived of military or special ranks in accordance with the procedure established by law, and their families if they have the right to pension provision in accordance with the specified Federal Law.
Article 3
Persons who during the Great Patriotic War occupied command positions in Soviet partisan detachments and formations corresponding to the positions held by officers and their families are assigned pensions on the grounds provided for by this Law for persons who served in the military as officers and their families. On the same grounds, pensions are awarded to former conscripts who, during the Great Patriotic War, occupied positions in military units, headquarters and institutions of the active army, corresponding to the positions occupied by officers, and their families.
Persons who were in long-term military service (former long-term military servicemen), women who voluntarily performed active military service in the positions of soldiers, sailors, sergeants and foremen (former female military personnel), and their families are assigned pensions on the grounds provided for by this Law for persons who did military service under the contract as soldiers, sailors, sergeants and foremen, and their families.
Article 4
Pension provision for persons residing on the territory of the Russian Federation who have served in the military as officers, warrant officers, midshipmen and long-term servicemen or military service under the contract as soldiers, sailors, sergeants and foremen in the armed forces (armies, troops), security agencies and others military formations created in accordance with the legislation or service in the internal affairs bodies, bodies for the control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system of other states - members of the Commonwealth of Independent States and states that are not members of the Commonwealth of Independent States, with by which the Russian Federation or the former USSR have concluded treaties (agreements) on social security, as well as the families of these persons, is carried out in the manner prescribed by these treaties (agreements).
Article 5. Types of pensions
The persons specified in Article 1 of this Law acquire the right to pensions:
a) for length of service, if they have the length of service provided for by this Law in the military service and (or) in the service in the internal affairs bodies, and (or) in the service in the State Fire Service, and (or) in the service in the bodies for control over turnover narcotic drugs and psychotropic substances, and (or) in the service in institutions and bodies of the penitentiary system;
b) due to disability, if they became disabled under the conditions provided for by this Law.
In the event of the death or death of the persons referred to in Article 1 of this Law, their families, subject to the conditions provided for by this Law, shall acquire the right to a survivor's pension.
Families of deceased pensioners from among the persons specified in Article 1 of this Law are entitled to a pension in the event of the loss of a breadwinner on a common basis with the families of persons who died during the period of service.
Article 6. Realization of the right to pension provision
Persons referred to in Article 1 of this Law, who are entitled to pensions, pensions are assigned and paid after their dismissal from service. Disability pensions for these persons and survivors' pensions for their families are awarded regardless of the length of service.
Article 7. Right to choose a pension
The persons referred to in Article 1 of this Law and their families, who simultaneously have the right to various pensions in accordance with the legislation of the Russian Federation, one pension of their choice is established (except for the cases provided for by this article and the Federal Law "On State Pension Provision in the Russian Federation").
The spouses of the persons referred to in Article 1 of this Law, who died due to the causes listed in paragraph "a" of Article 21 of this Law (except for cases when the death of the said persons occurred as a result of their unlawful actions), who have not remarried, shall have the right to simultaneous receipt of two pensions. They may be entitled to a survivor's pension provided for in Article 30 of this Law, and any other pension established in accordance with the legislation of the Russian Federation (with the exception of a survivor's pension or a social survivor's pension).
Parents of the persons specified in Article 1 of this Law, who died (died) due to the reasons listed in paragraph "a" of Article 21 of this Law (except for cases when the death of these persons occurred as a result of their illegal actions), have the right to simultaneously receive two pensions. They may be entitled to a survivor's pension provided for in Article 30 of this Law, and any other pension established in accordance with the legislation of the Russian Federation (with the exception of a survivor's pension or a social survivor's pension).
The persons specified in Article 1 of this Law, if there are conditions for granting an old-age labor pension, are entitled to simultaneously receive a pension for service or a disability pension provided for by this Law, and an old-age labor pension (with the exception of a fixed base size the insurance part of the old-age labor pension), established in accordance with the Federal Law "On labor pensions in the Russian Federation".
Article 8
Persons referred to in Article 1 of this Law who have been exposed to radiation during explosions and tests of nuclear weapons or as a result of accidents at nuclear facilities for civil and military purposes, as well as during the elimination of the consequences of these accidents, and the families of these persons are provided with additional preferential conditions for the appointment of pensions , bonuses to pensions, allowances and compensations are paid in accordance with the legislation of the Russian Federation on the social protection of citizens exposed to radiation.
Article 9. Payment of benefits
Persons referred to in Article 1 of this Law, dismissed from service, disabled pensioners from among these persons and family members of deceased pensioners are paid benefits in the manner and amount determined by the legislation of the Russian Federation and regulations of the Government of the Russian Federation.
Article 10. Funds for the payment of pensions
The payment of pensions to the persons specified in Article 1 of this Law and their families shall be provided at the expense of the federal budget. At the same time, the financing of expenses for the payment of pensions is carried out in a centralized manner.
The payment of pensions provided for by the Federal Law "On Labor Pensions in the Russian Federation" and the Federal Law "On State Pension Provision in the Russian Federation" for military personnel, persons equal in pension provision to military personnel, and their families, is carried out in accordance with these federal laws.
Article 11
Pension provision of the persons specified in Article 1 of this Law and their families, depending on the last place of service of these persons, is carried out:
a) the Ministry of Defense of the Russian Federation - in relation to servicemen dismissed from the United Armed Forces of the Commonwealth of Independent States, the Armed Forces of the Russian Federation, railway troops and other military units of the Russian Federation created in accordance with the legislation of the Russian Federation (except for the formations listed in paragraphs "b ” and “c” of this article), persons specified in the first part of Article 3 of this Law, as well as their families;
b) the Ministry of Internal Affairs of the Russian Federation - in relation to servicemen dismissed from the internal troops and paramilitary fire protection, private and commanding personnel dismissed from the internal affairs bodies of the Russian Federation, the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergencies and Liquidation the consequences of natural disasters, the federal tax police, as well as their families;
c) the Federal Security Service of the Russian Federation - in relation to servicemen dismissed from the federal security service (counterintelligence) and border troops, foreign intelligence agencies, the Federal Border Service and the border service of the Russian Federation, federal government communications and information agencies, the federal special communications agency and information from the Main Security Directorate of the Russian Federation, the Security Service of the President of the Russian Federation, the Federal Security Service of the Russian Federation and the Special Objects Service under the President of the Russian Federation, as well as their families;
d) the Federal Penitentiary Service - in relation to employees dismissed from institutions and bodies of the penitentiary system, as well as members of their families;
e) the Federal Service of the Russian Federation for the Control of the Circulation of Narcotic Drugs and Psychotropic Substances - in relation to employees dismissed from the bodies for the control of the circulation of narcotic drugs and psychotropic substances, as well as their families.
Pension provision for the relevant categories of military personnel discharged from service, private and commanding staff of internal affairs bodies, bodies for controlling the circulation of narcotic drugs and psychotropic substances and institutions and bodies of the penitentiary system of the former USSR, other states and their families, specified in paragraphs three and the fifth paragraph "a" and paragraph "b" of Article 1 of this Law, is carried out in accordance with the departmental affiliation provided for in this Article.
Article 12. Additional social guarantees
State authorities of the constituent entities of the Russian Federation, within their powers, may establish additional social guarantees at the expense of their own budgets for pensioners from among the persons specified in paragraph "a" of Article 1 of this Law, and members of their families residing in the territory of the Russian Federation.
Section II. Seniority pension
Article 13. Conditions determining the right to a retirement pension
The following are entitled to a superannuation pension:
a) persons referred to in Article 1 of this Law who, on the day of dismissal from service, have served in the military and (or) in the service in the internal affairs bodies, and (or) in the service of the State Fire Service, and (or) in the service of bodies for control over the circulation of narcotic drugs and psychotropic substances, and (or) in the service in institutions and bodies of the penitentiary system for 20 years or more;
b) persons referred to in Article 1 of this Law, dismissed from service upon reaching the age limit for service, for health reasons or in connection with organizational and staff measures and who have reached the age of 45 on the day of dismissal, having a total length of service of 25 calendar years and more, of which at least 12 years and six months is military service and (or) service in the internal affairs bodies, and (or) service in the State Fire Service, and (or) service in the bodies for controlling the circulation of narcotic drugs and psychotropic substances , and (or) service in institutions and bodies of the penitentiary system.
When determining the right to a seniority pension in accordance with paragraph "b" of part one of this article, the total length of service includes:
a) seniority, calculated and confirmed in the manner that was established for appointment and recalculation state pensions until the date of entry into force of the Federal Law "On labor pensions in the Russian Federation";
b) insurance experience, calculated and confirmed in the manner established for the appointment and recalculation of labor pensions by the Federal Law "On labor pensions in the Russian Federation".
Article 14
The retirement pension is set at the following rates:
a) persons referred to in Article 1 of this Law, having a length of service of 20 years or more: for a length of service of 20 years - 50 percent of the corresponding amounts of monetary allowance provided for in Article 43 of this Law; for each year of service over 20 years - 3 percent of the specified amounts of monetary allowance, but not more than 85 percent of these amounts in total;
b) persons specified in Article 1 of this Law, having a total work experience of 25 calendar years or more, of which at least 12 years and six months is military service and (or) service in the internal affairs bodies, and (or) service in the State Fire Fighting service, and (or) service in the bodies for the control of the circulation of narcotic drugs and psychotropic substances, and (or) service in institutions and bodies of the penitentiary system: for a total length of service of 25 years - 50 percent of the corresponding amounts of monetary allowance provided for in Article 43 this Law; for each year of service over 25 years - 1 percent of the specified amounts of monetary allowance.
In case of re-determination for military service or for service in the internal affairs bodies, or the State Fire Service, or for service in the bodies for the control of the circulation of narcotic drugs and psychotropic substances, or for service in the institutions and bodies of the penitentiary system specified in this article persons who received a pension, upon their subsequent dismissal from the service, the payment of their pension is resumed on the basis of length of service and general seniority on the day of the last layoff.
Article 15
The superannuation pension assigned in accordance with this Law may not be less than 100 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law.
Article 16
Seniority pensions granted to persons referred to in Article 1 of this Law shall be increased:
a) persons who have become disabled as a result of military injury:
disabled people of group I - by 300 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law;
invalids of group II - by 250 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law;
invalids of group III - by 175 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law;
b) persons who became disabled due to a general illness, labor injury and other reasons (with the exception of persons whose disability occurred as a result of their illegal actions) and who are participants in the Great Patriotic War from among the persons specified in subparagraphs "a" - "g" and " and "subparagraph 1 of paragraph 1 of Article 2 of the Federal Law of January 12, 1995 N 5-FZ "On Veterans" (hereinafter - the Federal Law "On Veterans"):
disabled people of group I - by 250 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law;
invalids of the II group - by 200 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law;
invalids of group III - by 150 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law;
c) persons awarded the badge “Resident besieged Leningrad", who became disabled due to a general illness, labor injury and other reasons (with the exception of persons whose disability occurred as a result of their unlawful actions):
disabled people of group I - by 200 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law;
invalids of the II group - by 150 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law;
invalids of group III - by 100 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law.
Article 17
The following increments shall be accrued to the seniority pension granted to the persons specified in Article 1 of this Law (including those calculated in the minimum amount):
a) pensioners who are invalids of group I or who have reached the age of 80 - to care for them in the amount of 100 percent of the estimated pension specified in part one of Article 46 of this Law;
b) non-working pensioners who are dependent on disabled family members specified in paragraphs "a", "b" and "d" of the third part of Article 29, Articles 31, 33 and 34 of this Law:
if there is one such family member, - in the amount of 32 percent of the estimated amount of the pension specified in the first part of Article 46 of this Law;
if there are two such family members, - in the amount of 64 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law;
if there are three or more such family members, - in the amount of 100 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law.
The specified allowance is charged only to those family members who do not receive a labor or social pension;
c) pensioners - participants of the Great Patriotic War from among the persons specified in subparagraphs "a" - "g" and "i" of subparagraph 1 of paragraph 1 of Article 2 of the Federal Law "On Veterans" who are not disabled - in the amount of 32 percent, and persons from among them who have reached the age of 80 - in the amount of 64 percent of the calculated amount of the pension specified in the first part of Article 46 of this Law.
The allowance provided for in paragraph "c" of part one of this article shall not be accrued to the pension calculated with the increase provided for in article 16 of this Law.
Article 18
The length of service for assigning a pension in accordance with paragraph "a" of Article 13 of this Law shall include: military service; service in the positions of ordinary and commanding staff in the internal affairs bodies, the State Fire Service; in the bodies for control over the circulation of narcotic drugs and psychotropic substances; service in institutions and bodies of the penitentiary system; service in Soviet partisan detachments and formations; time of work in government and administration bodies, civilian ministries, departments and organizations with the retention in military service or in the personnel of the Ministry of Internal Affairs of the Russian Federation, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system; time of work in the system of the State Fire Service of the Ministry of the Russian Federation for Civil Defense, Emergency Situations and Elimination of Consequences of Natural Disasters (fire brigade of the Ministry of Internal Affairs, fire and emergency services of the Ministry of Internal Affairs, State Fire Service of the Ministry of Internal Affairs of the Russian Federation), directly prior to their appointment to positions filled by private and commanding officers and military personnel of the State Fire Service; the time spent in captivity, if the captivity was not voluntary and the serviceman, while in captivity, did not commit a crime against the Motherland; the time of serving the sentence and detention of military personnel, private and commanding officers who were unreasonably prosecuted or repressed and subsequently rehabilitated.
The length of service for assigning a pension to retired officers and persons in command of the internal affairs bodies, the State Fire Service, the bodies for controlling the circulation of narcotic drugs and psychotropic substances may also include the time of their study before being assigned to the service (but not more than five years) from calculating one year of study for six months of service.
The time of service in special conditions is subject to offset in the length of service for the purpose of granting a pension to the persons specified in Article 1 of this Law, in a preferential calculation.
The procedure for calculating length of service for granting a pension to persons specified in Article 1 of this Law is determined by the Government of the Russian Federation.
Continuation of the Law of the Russian Federation No. 4468-I (part 2) .
/Source - base.garant.ru /
b) to persons who served in the military as officers, warrant officers and midshipmen or military service under the contract as soldiers, sailors, sergeants and foremen in the Armed Forces, the Federal Border Service and the border service of the Russian Federation, in the internal and railway troops, in troops of the National Guard of the Russian Federation, federal government communications and information agencies, civil defense troops, federal security service (counterintelligence) and border troops, foreign intelligence agencies, other military formations of the Russian Federation and the former USSR and institutions and bodies of the penitentiary system, created in accordance with the law, in the United Armed Forces of the Commonwealth of Independent States, as well as for private and commanding officers who served in the internal affairs bodies of the Russian Federation and the former USSR, bodies for controlling the circulation of narcotic drugs and psychotropic substances, the State Fire Service and institutions and bodies of the penitentiary system, troops of the National Guard of the Russian Federation, and the families of these persons who live in the states - the former republics of the USSR, which are not members of the Commonwealth of Independent States, if the legislation of these states does not provide for the implementation of their pensions on the grounds, established for persons who did military service, service in the internal affairs bodies, and their families.
Article 1 of this Law, and their family members living in areas where the monetary allowance of military personnel and employees of internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, national troops guards of the Russian Federation, enforcement agencies of the Russian Federation (hereinafter referred to as employees), in accordance with the legislation of the Russian Federation, coefficients are established, for the period of their residence in these areas, pensions assigned in accordance with this Law, allowances for these pensions provided for in Articles 17, 24 and 38 of this Law, and the increases provided for in Article 16 of this Law are calculated using the appropriate coefficient established in the given locality for military personnel and employees by the Government of the Russian Federation in accordance with federal laws.
For pensioners from among the persons specified in Article 1 of this Law, who have served in the regions of the Far North and areas equated to them, respectively, for at least 15 and 20 calendar years, who receive a pension (including supplements to pensions provided for in Articles 17 and 24 of this Law, and increases provided for in Article 16 of this Law) was calculated using part one of this Article, when leaving these regions and localities for a new permanent place of residence, the amount of the pension calculated taking into account the appropriate coefficient in the manner determined by the Government of the Russian Federation is retained.
Pensioners from among the persons specified in Article 1 of this Law who have served in the regions of the Far North and areas equated to them for at least 15 and 20 calendar years, respectively, living in areas where the coefficient for the monetary allowance of military personnel and employees is not established or is established in a smaller amount than at the last place of service of these persons in the regions of the Far North and areas equivalent to them, pensions assigned in accordance with this Law (including supplements to pensions provided for in Articles 17 and 24 of this Law, and increases provided for in Article 16 of this Law), are calculated using the coefficient established for the monetary allowance of military personnel and employees at the last place of service of these persons in the regions of the Far North and areas equivalent to them, regardless of the time of applying for a pension. At the same time, the maximum size of the coefficient, taking into account which these pensions are calculated, is 1.5.
Article 49
Law of the Russian Federation of February 12, 1993 N 4468-1 (as amended on October 1, 2019, as amended on January 28, 2020) "On pensions for persons who have completed military service, service in the internal affairs bodies, the State Fire Service, bodies for monitoring circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, troops of the National Guard of the Russian Federation, enforcement agencies of the Russian Federation, and their families"
Judicial practice and legislation - Law of the Russian Federation of February 12, 1993 N 4468-1 (as amended on October 1, 2019, as amended on January 28, 2020) "On pension provision for persons who have completed military service, service in the internal affairs bodies, the State Fire Service , bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, troops of the National Guard of the Russian Federation, enforcement bodies of the Russian Federation, and their families"
"In the length of service for the appointment of a pension to the private and commanding staff of the internal affairs bodies in accordance with paragraph "a" of the first part of Article 13 of the Law, count the time (no more than five years) of their training before entering the service in full-time, full-time or part-time V educational organizations on the main educational programs of secondary vocational education (with the exception of programs for the training of skilled workers, employees) or higher education (with the exception of programs for the training of scientific and pedagogical personnel in graduate school, residency programs, assistantship-internship programs), subject to the completion of the development of these educational programs and obtaining the appropriate level of education, calculated at the rate of two months of study for one month of service - in relation to employees of the internal affairs bodies who entered the service before January 1, 2012.
1. CONSTITUTIONAL LAW, MUNICIPAL LAW (SPECIALTY 12.00.02)
1.1. DEFORMATION OF MILITARY PENSIONS IN RUSSIA IN 1990-2011
Khmelevsky Sergey Vladimirovich, Candidate of Philological Sciences, Associate Professor. Email: [email protected]
Resume: The article is devoted to the study of the provision of pensions for servicemen in post-Soviet Russia. In particular, it establishes that as a result of changes in military social legislation, Russian military pensioners have actually lost many socially significant benefits and guarantees previously provided for by laws and other regulatory legal acts. former USSR. Their state pension provision turned out to be deformed, unable to adequately respond to inflation. Pensions in the Russian Ministry of Defense in monetary terms have become several times less than those of former officials and pensioners of other "power" departments.
Key words: military pension; military
social legislation; pension reform; pension system; state pension provision.
DEFORMATION OF MILITARY PENSION IN RUSSIA IN 19902011 YEARS
Khmelevsky Sergey Vladimirovich, PhD at law, associate professor. Email: [email protected]
Annotation: Article devoted to the study of pension "s provision of military serviceman in the post-Soviet Russia. In it, in particular, found, that due to changes in military-social legislation the Russian military pensioners lost many of socially significant privileges and guarantees, provided by the earlier laws and other regulatory acts of the Soviet Union. Their state-pension's provision was deformed, unable to adequately respond to inflation. Pensions in the Russian Defense Ministry in monetary terms are several times lower than that of former civil servants and pensioners of other "powerful" agencies.
Keywords: military pension; military social legislation; pension reform; pension system; state-pension's provision.
In the early 1990s, military pensioners - Russians were considered normally protected in economic and legal terms. Military pensions in our country in monetary terms were approximately an order of magnitude lower than the pensions of the US military, other economically developed countries of the West, but many times higher than the pensions of various categories of citizens of the USSR (RSFSR - Russia), including civil servants of public authorities, were clearly and proportionately indexed simultaneously with an increase in the salaries of servicemen1. On
1 In particular, having served in the Soviet Army or in the Navy for 20-25 calendar years, a senior officer dismissed or retired in 1990 (in the military rank of "major" / "captain of the 3rd rank" / - "colonel /" captain of the 1st rank "/), received a state pension provision equal to approximately 70-75% of the monetary content of the corresponding categories of military personnel, approximately 1.9-2.2 times higher than the average salary in the country and approximately 2.3-2.6 times -
our veterans military service many socially significant benefits were distributed, which they were entitled to use even if they had 20 or more years of military service behind them in a calendar and (or) preferential calculation.
Later, especially in the period of the 2000s, the situation began to change gradually due to the fact that in the repeatedly reformed national pension system of Russia, systems emerged based on, respectively, labor, social pensions, state pensions, between which there are fundamental differences due to specific mechanisms of their formation and regulation. The pension reform further differentiated these systems, depending, for example, on the type of public service, where it is currently customary to single out: civil service (state and municipal), military service and law enforcement service.
At the same time, pensions - in particular, social guarantees - in general were significantly increased for state civil servants at the federal and regional levels, judges, staff members of the prosecutor's office, the Investigative Committee of the Russian Federation, and some other categories of law enforcement officers. Their state pension provision has not only improved quantitatively, but also qualitatively, and therefore it is not surprising that monthly pension payments a number of former high-ranking officials in post-Soviet Russia reach several hundred thousand rubles2.
And, on the contrary, as a result of changes in military social legislation carried out, as a rule, imperceptibly for the bulk of military personnel in 2000-2011, they de facto lost many socially significant guarantees previously established by legislative and other regulatory acts of the former USSR, and the system their state
a generous average pension, which was paid to employees and officials (there was no separation of pensions into labor and pensions for the state pension provision of civil servants at that time). In concrete monetary terms, such a "Soviet" military pension amounted to 230-260 full-fledged "Soviet" rubles (or $ 270-300). For comparison: the average salary of a qualified engineer was 120 rubles, average pension in the USSR - 90 rubles. In the same year, senior US military officer pensions ranged from $1,723 to $3,789. See: Korovnikov A.V. Social protection of military personnel: formation, development and legal regulation. - M., 1995; Starikov V., Budakov D. Pensions for US servicemen // Foreign Military Review. - 1990. - No. 6.
2The pension of the former mayor of Moscow Yu.M. Luzhkov, dismissed from his post by decree of the President of Russia D.A. Medvedev due to "loss of confidence", exceeds the all-Russian one by 32.5 times and reaches 247 thousand rubles per month // Dmitrienko D., Myazina E. Luzhkov's pension may be 32.5 times higher than the all-Russian one // Vedomosti. - 30.09.2010. The State Assembly of the Republic of Bashkortostan adopted a law guaranteeing the former head of Bashkiria M.G. Rakhimov to receive monthly pension payments in the amount of 750 thousand rubles // Rodin I. Dear pensioner Murtaza Rakhimov. The outgoing president of Bashkiria was granted unprecedented pension payments // Nezavisimaya gazeta. -
07/16/2010. The first President of Tatarstan, M.Sh.
07/16/2010 //http://news.mail.rU/inregions/volgaregion/2/4120659.
pension provision, as has happened more than once in the history of our country, having become the basis for the formation of a system of state pension provision for civil servants3, began to deform for the worse compared to its counterpart that existed in last years USSR 4.
So, on the basis of Article 43, which was in force until the end
2011 edition of the Law of the Russian Federation dated February 12, 1993 No. 4468-1 “On pension provision for persons who have completed military service ...”, for calculating pensions for state pension provision to military personnel in the manner determined by the Government of Russia, the following were taken into account:
1) salaries according to position, military or special rank (excluding salary increases for service in remote, high-mountainous areas and in other special conditions);
2) percentage bonus for seniority, including payments in connection with the indexation of monetary allowance5.
On the basis of Article 49 of the same wording of the Law, pensions assigned to military personnel were subject to revision if any of the following grounds arose, including those that arose simultaneously:
1) with an increase in the monetary allowance of military personnel - based on the level of increase in the monetary allowance of the relevant categories of military personnel taken into account when calculating pensions simultaneously with its increase;
2) with an increase in the estimated amount of the pension provided for in Part 1 of Article 46 of this Law, simultaneously with its increase6.
It is no coincidence that the author focuses on the version of the Law of the Russian Federation dated February 12, 1993 No. 4468-1 “On pensions for persons who have completed military service.”, which was in force until the end of 2011, since it already differed significantly from previous versions. The fact is that since its adoption and until the end of 2011, more than three dozen complex changes were made to this Law7! IN
3For example, during the reign of Russian Emperor Nicholas I (years of life: 1796-1855), the pension system for officials was sharply “adjusted” to the standards of the pension system for military personnel, as a result, the first received a positive development, and the second almost “bent”.
4 This is despite the fact that, in accordance with a number of international treaties concluded within the framework of the CIS, the level of pension provision for military personnel established by the legislation of the Commonwealth member states cannot be lower than the level previously established by legislative and other regulatory legal acts of the former USSR // Agreement on the procedure pension provision for military personnel and their families and state insurance of military personnel of the CIS member states (Tashkent, 05/15/1992) // Bulletin of international treaties. - 1994. - No. 6; Agreement between the CIS member states on social and legal guarantees for military personnel, persons discharged from military service, and members of their families (Minsk, 14.02.1992) // Commonwealth. - 1992. - No. 2.
5Law of the Russian Federation dated February 12, 1993 No. 4468-1 “On pension provision for persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, and their families” // Rossiyskaya Gazeta (federal issue). - 02/26/1993; Consultant Plus. - 2012. - March 20.
6 Article 49 of the Law of the Russian Federation dated February 12, 1993 No. 4468-1 “On pension provision for persons who have completed military service.” as amended by the Federal Law of Russia dated December 03, 2007 No. 319-FZ.
7 In the Law under consideration, changes are sequentially introduced
were subject to federal laws of Russia dated: November 28, 1995 No. 186-FZ;
As a result, the content of a number of articles of the Law (including Article 49) has changed radically, and not for the better for military pensioners.
For comparison: in accordance with the early version of Article 49 of the Law, pensions assigned to military personnel were subject to revision:
a) with an increase in the cost of living and wages - in accordance with the legislation of the Russian Federation on the indexation of monetary income and savings of the population;
b) with an increase in the monetary allowance of military personnel - based on the level of increase in the monetary allowance of the relevant categories of military personnel taken into account when calculating pensions simultaneously with its increase;
c) with an increase in the amount established by federal law minimum size old age pensions.
As you can see, the following were excluded from the grounds for revising pensions assigned to servicemen who were retired or retired: an increase in the cost of living and wages and an increase in the minimum old-age pension established by federal law.
In addition, the interrelationship of legal norms was violated, according to which the size of the monetary allowance of military personnel undergoing military service under the contract, and, accordingly, military pensions were subject to revision in proportion to the increase in salaries of the relevant categories of civil servants (at the same time, the size of the monetary allowance of military personnel was to be revised by the Government of Russia in procedure and terms provided for federal civil servants / clause 2, article 12 of the Federal Law of the Russian Federation of 05.27.1998 No. 76-FZ “On the status of military personnel”8, article 6 of the Federal Law of the Russian Federation of 06.19.2000 No. 82 -FZ "On the minimum wage"9/).
De facto, this relationship has been repeatedly violated. So, in the period 01/01/1995 - 02/28/1998, military pensioners were not revised their pensions in connection with an increase in official salaries of military personnel by 25%. The Russian government postponed indefinitely the resolution of this conflict. In October 2007, one of them informed the Head of our state about this infringement of the rights of military pensioners during a “direct line”. The issue of the revision of military pensions was resolved "backdating", only thanks to the personal intervention of the President of Russia, who on 10/18/2007 promulgated Decree No. 1373s "On some measures to ensure social security
December 27, 1995 No. 211-FZ; December 19, 1997 No. 153-FZ; 07/21/1998 No. 117-FZ; 06/01/1999 No. 110-FZ; December 6, 2000 No. 141-FZ; 04/17/2001 No. 47-FZ;
December 30, 2001 No. 194-FZ; 01/10/2002 No. 3-FZ; 03/04/2002 No. 22-FZ;
05/29/2002 No. 60-FZ; 06/12/2002 No. 68-FZ; 06/30/2002 No. 78-FZ;
July 25, 2002 No. 116-FZ; 01/10/2003 No. 2-FZ; 06/30/2003 No. 86-FZ;
06/29/2004 No. 58-FZ; 08/22/2004 No. 122-FZ (as amended from
December 29, 2004 No. 199-FZ); 02.02.2006 No. 20-FZ; December 21, 2006 No. 239-FZ; December 30, 2006 No. 272-FZ; December 1, 2007 No. 311-FZ; December 3, 2007 No. 319-FZ;
02/13/2008 No. 3-FZ; 05/08/2008 No. 64-FZ; July 22, 2008 No. 156-FZ;
04/28/2009 No. 70-FZ; July 24, 2009 No. 213-FZ; November 9, 2009 No. 253-FZ;
06/21/2010 No. 122-FZ; December 10, 2010 No. 354-FZ; 07/01/2011 No. 169-FZ;
07/19/2011 No. 247-FZ //ConsultantPlus. - 2012. - March 20. 8Federal Law of the Russian Federation of May 27, 1998
No. 76-FZ "On the status of military personnel" // SZ rF. - 1998. - No. 22. -Art.2331; Consultant Plus. - 2012. - March 20.
9Federal Law of the Russian Federation dated June 19, 2000 No. 82-FZ “On the Minimum Wage” // СЗ RF. -2000. - No. 26. - Art. 2729; Consultant Plus. - 2012. - March 20.
shields of certain categories of pensioners"10, which the Government of Russia was instructed to make to persons who had previously completed military service, a one-time supplement to their military pensions in connection with an increase in official salaries for military personnel by 25% for the period 01/01/1995 - 02/28/199811.
Further, from 01.03.2005, the monetary allowance for military personnel was increased by introducing a monthly allowance in the amount of one official salary, but this allowance was not taken into account when calculating and recalculating military pensions12. In the same year, the size of the allowance for the complexity and intensity of service was increased for military personnel (in the capital region up to 200% of the official salary), however, this was not taken into account when calculating and recalculating military pensions13. The situation was similar with respect to numerous other allowances, bonuses, and incentive payments to servicemen who were active until the end of 201114.
As a result, Russia has developed a practice of raising the level of monetary allowance for military personnel through the introduction of various subordinate regulatory legal acts of allowances and other additional payments to their monetary content. The basis of the specified content - salaries for positions, military or special ranks - remained, in fact, without revision, adequate to inflation in the country and, therefore, the recalculation provided for by law in the direction of increasing military pensions was not properly carried out, their replacement coefficient sharply decreased.
Until recently, the calculation of pensions assigned to persons who served in the military included the actual value of the food ration issued to them (monetary compensation for the food ration). In the period 01/01/2000 - 11/31/2007, the calculation included a clearly underestimated amount of money: 20 rubles per day. Most of the military pensioners put up with this state of affairs, but thousands went to court and won their respective cases15. This became the subject of consideration by the Constitutional Court of Russia, which, in its decision dated December 14, 2004 No. 429-O, recognized that the concept of “monetary allowance for calculating pensions for military personnel” differs from the concept of
10 Decree of the President of Russia dated 10/18/2007 No. 1373s “On some measures to ensure social protection of certain categories of pensioners” //RG (federal issue). - 20.10.2007.
11For more on this, see: Gatsko M.F. Socio-legal problems of pension provision for military personnel // Strategic stability. - 2005. - No. 2 (31). - P.41-42.
12 Decree of the President of Russia dated February 18, 2005 No. 177 “On monthly financial incentives for certain categories of military personnel and employees with special ranks” //RG (federal issue). - 25.02.2005; Consultant Plus. - 2012. - March 20.
13See: Order of the Minister of Defense of Russia dated 05.02.2005 No. 33 “On the establishment of salaries for military positions of military personnel serving under a contract, and on the payment of a monthly allowance for the complexity, intensity and special regime of military service to certain categories of military personnel” // RG (federal issue). - 03.03.2005.
14See, for example: Order of the Minister of Defense of Russia dated
02/24/2011 No. 400 "On additional payments officers doing military service in associations, formations and military units of the Armed Forces of the Russian Federation in 2011” //ConsultantPlus. - 2012. - March 20.
15According to A.A. Piskunov, auditor of the Accounts Chamber of Russia,
in 2004-2005, the courts received 5 thousand positive
decisions on claims for reimbursement of the real cost of the food ration.
The amounts awarded for monetary compensation for the
ek amounted to 60 thousand rubles // Zhirnova I. Accounts Chamber
invoiced //Red Star. - 19.10.2005.
allowance for military personnel”, enshrined in Articles 12 and 13 of the Federal Law “On the Status of Military Personnel”, and has an independent regulatory and legal significance for the purposes of calculating and reviewing military pensions: an increase in any of the components of the monetary allowance of military personnel for calculating their state pension provision, in including the cost of food rations as a specific form of food security for military personnel, it is also necessary to revise military pensions16.
It is indicative that, according to a group of deputies of the State Duma of the Federal Assembly of the Russian Federation, by the end of 2007 the state's debt to military pensioners (those who did not apply to the courts) in terms of unpaid compensation for food rations reached 100 billion rubles. (for comparison: this is slightly less than 1/8 of the country's defense spending provided for by the federal budget in 2007 in the amount of 822 billion rubles.)17.
The Russian government reacted inadequately to the current situation. In particular, he initiated amendments to the normative legal acts regulating monetary allowances and food security for military personnel, staff members of some federal executive bodies and their pensions, in accordance with which, from 01.12. calculation of pensions, as it were, was no longer included, but, nevertheless, it was preserved - by its “absorption” by the salary for a military (special) rank. The calculation of the salary for a military (special) rank did not include the actual cost of the food ration (according to expert calculations, it amounted to 2000-4000 rubles in 2001-2007), but, again, its underestimated cost - 608 rubles. per month or 20 rubles. per day. It was stated that with the “absorption” of monetary compensation for food rations by the salary for a military (special) rank, it (compensation) will be automatically indexed when it (salary) is indexed18.
Based on Article 22 of the Federal Law of the Russian Federation dated December 15, 2001 No. 167-FZ “On Compulsory Pension Insurance in the Russian Federation”19, employers pay for their employees insurance premiums to the budget pension fund Russian Federation (FIU). These contributions are then reflected in the individual personal accounts of employees and are taken into account when calculating and recalculating their labor
16 Ruling of the Constitutional Court of Russia dated December 14, 2004 No. 429-O “At the request of the Kaliningrad Regional Duma and the complaints of citizens R.A. Stepanov and V.E. Budget for 2000", Clause 8 of Appendix 4 to the Federal Law "On the Federal Budget for 2001", Clause 5 of Appendix 9 to the Federal Law "On the Federal Budget for 2002", Articles 97 and 128 of the Federal Law "On the Federal Budget for 2003" and sub. 34 clause 1 of Appendix 20 to this Federal Law, Articles 102 and 144 of the Federal Law "On the Federal Budget for 2004" and sub. 37 clause 1 of Appendix 20 to this Federal Law” // Bulletin of the Constitutional Court of the Russian Federation. - 2005. -№2.
17Gafutulin N. Paikovy tsutswang // Red Star. -
18Gacko M.F. Legal support for the construction of the Armed Forces of the Russian Federation. - M., 2008. - S.257.
19Federal Law of the Russian Federation of December 15, 2001 No. 167-FZ “On Compulsory Pension Insurance in the Russian Federation” // СЗ RF. - 2001 - No. 51. - Art. 4832; Consultant Plus. - 2012. - March 20.
pension established on the basis of the Federal Law of the Russian Federation dated December 17, 2001 No. 17E-FZ “On labor pensions in the Russian Federation”20. Military pensioners working under an employment contract (contract) and receiving a pension under the state pension provision in accordance with the Law of Russia dated February 12, 1993 No. 4468-1 “On pension provision for persons who have completed military service.” insurance part labor pension, taking into account insurance premiums reflected in their individual personal accounts. The absurdity of the situation was obvious insofar as insurance premiums are “individually compensatory mandatory payments that are paid to the budget of the Pension Fund of the Russian Federation and whose personal purpose is to ensure the right of a citizen to receive a pension for compulsory pension insurance in an amount equivalent to the amount of insurance premiums taken into account on his individual personal account” (Article 3 of the Federal Law of Russia dated December 15, 2001 No. 167-FZ “On Compulsory Pension Insurance in the Russian Federation”).
There was a situation when working military pensioners participated in the pension reform only as "donors", and not full-fledged participants. This prompted many of them to take legal action to protect their rights. The case also reached the Constitutional Court of Russia, where a complaint was filed, in particular, by a military pensioner V.V. retirement pension).
In his complaint to the Constitutional Court of Russia, he challenged the constitutionality of paragraphs 2 and 3 of Article 3 of the Federal Law of Russia dated December 15, 2001 No. 166-FZ “On State Pension Provision in the Russian Federation”21, according to which citizens who are entitled to various pensions , labor or state pension provision), according to general rule, have the right to choose from them the one that suits them best. The court agreed with the applicant's arguments, making a decision according to which the legislator had to provide for a legal mechanism no later than 01.01.2007, guaranteeing the payment of military pensioners working under an employment contract, in addition to military pension on state pension provision, and the insurance part of the labor pension, taking into account the insurance premiums reflected in their individual personal accounts with the Pension Fund of the Russian Federation22.
The legislator did not meet the deadline until 01.01.2007, later adopting the Federal Law of the Russian Federation dated 07.22.2008 No. 156-ФЗ “On Amendments to Certain Legislative Acts of the Russian Federation
20Federal Law of the Russian Federation dated 17.12.2GG1 No. 173-FZ “On labor pensions in the Russian Federation” // СЗ RF. - 2GG1. - No. 52. - Part 1. - Art.4920; Consultant Plus. - 2G12. - 2G March.
21Federal Law of the Russian Federation dated 15.12.2GG1 No. 166-FZ “On State Pension Provision in the Russian Federation” // СЗ RF. - 2GG1. - No. 51. - Art. 4831; Consultant Plus. - 2G12. - 2G March.
22 Determination of the Constitutional Court of Russia dated 11.G5.2GG6 No. 187-O “According to the complaint of citizen Naumchik V.V. to the violation of his constitutional rights by the provisions of paragraphs 2 and 3 of Article 3 of the Federal Law "On State Pension Provision in the Russian Federation" // Bulletin of the Constitutional Court of the Russian Federation. - 2GG6. - No. 5.
on the issues of pensions”23, on the basis of which military pensioners are now entitled to simultaneously receive a state pension (for seniority or disability) and an old-age labor pension (with the exception of its basic part).
But, firstly, despite the fact that the Law came into force from the day of its official publication (07/25/2008), its effect applies only to the relevant public relations that arose from 01/01/2007: it is not clear how to deal with the calculation, calculation and revision of the labor pensions of working military pensioners, taking into account the insurance premiums reflected before the specified date on their individual personal accounts in the Pension Fund of the Russian Federation, that is, accumulated, let's say, for the period 2002-2006.
Secondly, a military pensioner must have an officially confirmed insurance record of at least 5 years, during which he should have been accrued "white" wages, and the employer should have paid the corresponding insurance premiums to the Pension Fund on a monthly basis.
Thirdly, a military pensioner needs to achieve a general civil retirement age(60 years for men and 55 years for women)24.
As of mid-2010, about 1.5 million former servicemen were registered with the Russian military commissariats, about 519 thousand received pensions below the average level of labor pensions (46% of the total number of military pensioners), and the average pension of a reserve officer was about 7 thousand rubles. In general, the average size of pensions for the state pension provision of citizens dismissed from military service amounted to 25-30% of the total monetary allowance of military personnel25. Pensions in the Russian Ministry of Defense turned out to be significantly less than those of former officials and pensioners of other "power" departments and orders of magnitude less than those of the military personnel of the United States and other economically developed countries of the West26. But, our military pen-
23Federal Law of the Russian Federation dated July 22, 2008 No. 156-FZ "On Amendments to Certain Legislative Acts of the Russian Federation on Pension Provision" //RG (federal issue). - 25.07.2008.
24 It is no coincidence that military social legislation provides for a special age that gives military personnel the right to receive a pension under the state pension provision: the hardships of military service, premature so-called “worn-out body” that occurs as a result of military injuries, chronic stressful situations, etc. - these are the realities of life, based on which the relevant legal regulations have been adopted and are in force. According to expert estimates, average age the retirement of contract servicemen under the state pension provision is 44.1 years, including a disability pension due to military injury - 42.4 years //Maleeva T.M., Sinyavskaya O.V. Pension reform in Russia: history, results, prospects. Analytical report / Independent Institute for Social Policy. - M., 2005. - P.36.
25 Data of the head of the Center for Military Forecasting A. Tsyganok // Turchenko S., Dmitriev A. 7 thousand rubles. for the service of the Motherland. A mass refusal of retired officers from military pensions in protest against beggarly payments began // Free Press. - 06/08/2010.
26For comparison: today, military pensions in the United States are calculated on the basis of the monthly basic monetary allowance (BCA), determined primarily by military rank (for example, the BCA of officers, taking into account length of service, is $ 2784-18937, warrant officers - $ 2721-8926, sergeants, foremen and privates - $ 1468-7196), and length of service. To calculate the military pension, a coefficient of 2.5% is used, by which the period of military service is multiplied. In general, all categories of persons transferred to the reserve
Cionaires who have reached the general civil retirement age are invited to rely on a second pension, which rarely exceeds 1,000 rubles.
Having provided military pensioners with the opportunity to receive the insurance part of the old-age labor pension, the state, therefore, seeks to keep them on the labor market. Indeed, the installation of many veterans of military service to work after being transferred to the reserve or retired is a forced necessity caused by the high cost of living and relatively low size military pensions. The right to a labor pension upon reaching the general civil retirement age is demanded by them until the size of their pensions for state pensions reaches the value of a standard of living worthy of the defenders of the Motherland. If this happens, then 70% of working military pensioners will go on a well-deserved rest27.
In 2011, two federal laws were adopted: “On the monetary allowance of military personnel and the provision of certain payments to them”28; “On Amendments to Certain Legislative Acts of the Russian Federation and Recognizing as Invalid Certain Provisions of Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law “On the Monetary Allowance of Military Personnel and the Provision of Separate Payments to Them” and the Federal Law “On Social Guarantees for Employees of the Internal Affairs Bodies of the Russian Federation” and amendments to certain legislative acts of the Russian Federation"29. The first person of the state has already announced that from 01.01.2012 military pensions have been increased by 1.6 times30.
In fact, the leadership of the country's Ministry of Defense of Russia has been given "carte blanche" to carry out the largest financial reform in recent decades Russian Army And Navy. Moreover, its initiators, referring to the so-called Strategy
after 20 years of military service, receive a pension of 50% of the BDD. With a length of service of 30 years, this figure increases by 25%. There are currently more than 1.4 million retired military personnel in the United States, with an average age of just over 40. For more details, see: Ivanov V. The most important concern of the Pentagon is the people who serve and have served America. The US Department of Defense annually increases the allowance and additional payments to its wards // Independent military review. - 07/08/2011; Nesterovich E. Military duty and material incentives. Privileges of military personnel: for them and for us // Military Industrial Courier. - 11/12/2008. - No. 44 (260).
27Fedotov A.I. Improving the pension system for persons who have served in the Armed Forces of the Russian Federation. - M., 2006. - P.12.
28Federal Law of the Russian Federation dated November 7, 2011 No. 306-FZ “On the monetary allowance of military personnel and the provision of certain payments to them” //RG (federal issue). -
29Federal Law of Russia No. 309-FE, dated 08.11.2011, “On Amendments to Certain Legislative Acts of the Russian Federation and Recognizing as Invalid Certain Provisions of Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law “On the Monetary Allowance of Military Personnel and the Provision of Separate Payments to Them” and the Federal Law "On Social Guarantees for Employees of Internal Affairs Bodies of the Russian Federation and Amendments to Certain Legislative Acts of the Russian Federation" //RG (federal issue). - 11.11.2011.
30 “The pensions of all military pensioners, regardless of their departmental affiliation, have been increased from January 1 of this year - by 1.6 times at once. In the future, "military pensions" will be annually
rise, and not less than two percent above the level
inflation” //Putin V.V. Being strong: guarantees of national security for Russia //RG (federal issue). -
social development of the Armed Forces of the Russian Federation until 2020, publicly assure the citizens of Russia that our military pensioners will live much better than before31.
In fact, at the end of 2011, at a meeting with the newly elected deputies of the lower house of the Russian Parliament, Deputy Minister of Defense of Russia for financial and economic work, V.E. families; to eliminate the proportional link between the increase in salaries of military personnel and military pensions, to legalize a large-scale gap between them - against the background of a minimum 3-fold increase in the salaries of military personnel, increase military pensions by an average of 50-70%.
Admiral V.P. Komoedov, former Commander of the Black Sea Fleet of the Russian Navy, now a member of the Defense Committee of the State Duma of the Federal Assembly of the Russian Federation, compared the “Chistovaya formulas” with the ever-memorable Law 122 on the “monetization” of benefits32, paying particular attention to the fact that “for the limited officer corps, which has remained in a new look, the monetary allowance will indeed increase significantly, given the directive given by the President of Russia that the monetary allowance of the platoon commander should be on average more than 50 thousand rubles a month, and the battalion commander - more than 100 thousand rubles”, but “our military pensioners will live even worse”33. And it looks like he's right.
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Supreme Soviet of the USSR
RESOLUTION
ON THE PROCEDURE FOR THE INTRODUCTION OF THE LAW OF THE USSR
"ABOUT PENSION PROVISION OF MILITARY SERVICE"
The Supreme Soviet of the USSR decides:
1. Enact the Law of the USSR "On pensions for servicemen" (hereinafter - the Law) from January 1, 1991, and in terms of pensions for war invalids, other participants in the war and families of fallen servicemen - from October 1, 1990.
2. Pensions assigned to conscripts and their families prior to the entry into force of the Law, including the minimum, when recalculated, are increased to the amounts established by the Law, with the accrual of appropriate bonuses, but not less than 5 rubles per month in cases of retirement up to 5 years inclusive, for 10 rubles - from 5 to 10 years, for 15 rubles - from 10 to 15 years, for 20 rubles - from 15 to 20 years, for 30 rubles - from 20 to 25 years, for 40 rubles - 25 years or more (excluding the increase provided for by Article 28 of the Law).
With a subsequent increase in the minimum amount of pensions due to an increase in the minimum wage, the recalculation of pensions is made without taking into account the indicated increase in pensions by 5-40 rubles.
3. The recalculation of pensions assigned to officers, warrant officers, midshipmen and long-term servicemen, officers and rank and file of internal affairs bodies and their families prior to the entry into force of the Law is carried out in the following order:
a) pensions for long service, disability and survivors, including the minimum, are recalculated in accordance with the norms established by the Law, based on the norms and types of monetary allowance established on the day this Law enters into force, taken into account when calculating pensions, for the relevant categories of military personnel, persons in command and rank and file of internal affairs bodies who are in the service.At the same time, pensions are increased by at least 5-40 rubles, depending on the length of stay on a pension, provided for in paragraph 2 of this Decree (excluding the increase provided for in the second part of Article 17 and Article 28);
b) old-age pensions assigned to officers in accordance with previous legislation are increased by 40 rubles per month. At the request of these pensioners, they can be granted pensions for long service or disability pensions in accordance with the norms established by the USSR Law "On pensions for military personnel", or old-age pensions in accordance with the USSR Law "On pensions for citizens in the USSR".
4. In addition to the increases provided for in paragraphs 2 and 3 of this Decree, pensions for the loss of a breadwinner for dead military personnel paid to parents and wives (who have not remarried), as well as pensions for the loss of a breadwinner to disabled people from childhood due to injuries, contusions and mutilations associated with with military operations during the Great Patriotic War or their consequences, are increased by 15 percent of the minimum pension according to the age.
assignment and payment of pensions to military cosmonauts and their families;
payment of pensions to pensioners from among military personnel, persons in command and rank and file of internal affairs bodies and members of their families who have previously left abroad, if this procedure provides for more favorable conditions than established by the Law.
6. Council of Ministers of the USSR:
adopt, within two months, the necessary normative acts on the application of the USSR Law "On the provision of pensions for servicemen" on issues referred by the Law to the competence of the Council of Ministers of the USSR. At the same time, in accordance with Article 46 of the Law, when calculating pensions, ensure unity in determining the monetary allowance of various categories of military personnel of the USSR Armed Forces, troops and bodies of the USSR State Security Committee, internal troops, railway troops and other military formations, persons in command and rank and file of internal affairs bodies ;
take measures to ensure the timely execution of work on the recalculation, assignment and payment of pensions in accordance with the Law;
submit to the Supreme Soviet of the USSR proposals on the procedure and terms for raising pensions in connection with changes in the cost of living index and wage growth (Article 66 of the Law) simultaneously with the draft Law on Indexation of Population Income.
7. Provide the USSR State Committee for Labor and social issues during the period of recalculation of pensions in accordance with the Law, the right to take, jointly with the USSR Ministry of Defense, the USSR Ministry of Internal Affairs and the USSR State Security Committee, decisions on the procedure for its application, including those relating to certain categories of military personnel, persons in command and rank and file of internal affairs bodies, mandatory for ministries and departments of the USSR and union republics.
8. Recommend to the Supreme Soviets of the Union and Autonomous Republics, local Soviets of People's Deputies to carry out the necessary measures in accordance with the Law to ensure additional guarantees of social security and improve the living conditions of retired military personnel, officers and rank and file of internal affairs bodies and members of their families.
