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 persons who have served in the military, served in the internal affairs bodies, the State Fire Service, bodies for the control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, the troops of the national guard 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 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 , troops of the National Guard of the Russian Federation, enforcement agencies 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 form in educational organizations on the main educational programs of secondary vocational education (with the exception of training programs for skilled workers, employees) or higher education (with the exception of training programs for scientific and pedagogical personnel in graduate school, residency programs, assistantship-internship programs), subject to the completion of the development of these educational programs and the receipt of the appropriate level of education, calculated at the rate of two months of study per one month of service, - in relation to employees of the internal affairs bodies who entered the service before January 1, 2012.

b) to persons who have served in the military as officers, warrant officers and warrant officers or military service under a 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 the troops of the National Guard of the Russian Federation, federal government communications and information, civil defense troops, federal security service (counterintelligence) and border personal troops, foreign intelligence agencies, other military formations of the Russian Federation and the former Soviet Union and institutions and bodies of the penitentiary system established in accordance with the law, in the United Armed Forces of the Commonwealth of Independent States, as well as on private and commanding personnel 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, the 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 provision of their pensions on the grounds established for persons who have served in military service, served in internal affairs bodies, and their families.

Article 1 of this Law, and their family members living in areas where coefficients are established for 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, troops of the National Guard of the Russian Federation, enforcement bodies 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 , the supplements to 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 equivalent areas, respectively, at least 15 and 20 calendar years whose pension (including the supplements to pensions provided for in Articles 17 and 24 of this Law, and the increases provided for in Article 16 of this Law) was calculated using the first part 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, respectively, for at least 15 and 20 calendar years, living in areas where the coefficient for the monetary allowance of military personnel and employees is not established or is set in a smaller amount than at the last place of service of these persons in regions of the Far North and areas equated to them, pensions assigned in accordance with this Law (including allowances 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

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.

Keywords: 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 servicemen, 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 proportionally indexed simultaneously with an increase in the pay of military personnel1. On

1 In particular, having served in the Soviet Army or in the Navy for 20-25 calendar years, a senior officer (in the military rank of "major" / "captain of the 3rd rank" / - "colonel /" captain of the 1st rank "/) dismissed in 1990 to the reserve or retired, received a state pension pension 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 higher

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 the calendar and (or) preferential calculation.

Later, especially in the period of the 2000s, the situation began to gradually change due to the fact that in the repeatedly reformed national pension system of Russia, systems based on, respectively, labor, social pensions, state pensions, between which there are fundamental differences due to specific mechanisms of their formation and regulation, emerged. pension reform further differentiated these systems, depending, for example, on the type 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 of their state

a generous average pension, which was paid to employees and officials (there was no division 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 exceed the all-Russian one by 32.5 times //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 the 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 for pension provision of military personnel and their families and state insurance of military personnel of the CIS member states (Tashkent, 15.05.1992) // 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 pensions for persons who have served in the military, served in 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 amounts of the monetary allowance of military personnel serving 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 amount of the monetary allowance of military personnel was to be revised by the Government of Russia in the manner and terms provided for federal civil servants / clause 2 of article 12 of the Federal Law of the Russian Federation dated May 27, 1998 No. 76-FZ " On the Status of Military Personnel”8, Article 6 of the Federal Law of the Russian Federation dated June 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 No. 33 dated 05.02.2005 “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 revising military pensions: an increase in any of the components of the monetary allowance of military personnel for calculating their state pension provision, including the cost of food rations as a specific form of food security for military personnel, must also determine the revision of 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 changes to the regulations governing the monetary allowance and food security of military personnel, staff members of some federal executive bodies and their pension provision, in accordance with which, from 01.12. to a special (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 of the Pension Fund of the Russian Federation (PFR). These contributions are then reflected in the individual personal accounts of employees and are taken into account when calculating and recalculating their labor

16 Determination of the Constitutional Court of Russia dated 14.12.2004 No. 429-O “At the request of the Kaliningrad Regional Duma and complaints of citizens R.A. Stepanov and V.E. 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 of 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 the pension provision of persons who have completed military service.”, did not have the opportunity to receive the insurance part of the labor pension, taking into account the 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 mandatory pension insurance in an amount equivalent to the amount of insurance premiums recorded on his individual personal account” (Article 3 of the Federal Law of Russia dated December 15, 2001 No. 167-FZ “On mandatory 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.

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 (for example, 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 January 1, 2007, guaranteeing the payment of military pensioners working under an employment contract, in addition to the military pension under the state pension provision, and the insurance part of the labor pension, taking into account the insurance premiums reflected on their individual personal accounts in the Pension Fund22.

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 entered into force on the day of its official publication (07/25/2008), its effect only applies to the relevant social relations that arose from 01/01/2007: it is not clear how to deal with the calculation, calculation and revision of labor pensions of working military pensioners, taking into account insurance premiums reflected before the specified date on their individual personal accounts in the Pension Fund of the Russian Federation, that is, accumulated, suppose, for a period of 20 02-2006.

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.

In the middle of 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 discharged 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.

It is no coincidence that military social legislation provides for a special age that gives military personnel the right to receive a pension under 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, on the basis of which the relevant legal norms are adopted and operate. According to expert estimates, average age the retirement of contract servicemen under the state pension provision is 44.1 years, including 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, petty officers and privates - $ 1468-7196), and years 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 to 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 the 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 dated 08.11.2011 No. 309-ФЭ “On Amendments to Certain Legislative Acts of the Russian Federation and Recognition as Invalid of 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, the Deputy Minister of Defense of Russia for financial and economic work, V.E. Chistova, announced the main directions of this reform: abolish all socially significant benefits for military personnel, military pensioners and their 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 Chistovaya’s “formulas” with the ever-memorable Law 122 on the “monetization” of benefits32, paying special attention to the fact that “for a limited, remaining in a new look, officer corps, the monetary allowance will indeed increase significantly, given the directive given by the President of Russia on that the allowance of a platoon commander should be on average more than 50,000 rubles a month, and that of a battalion commander, more than 100,000 rubles,” but “our military pensioners will live even worse”33. And it looks like he's right.

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31 This Strategy, in particular, provides for the achievement of 80 percent of the amount of pensions of citizens discharged from military service of the amount of monetary allowances for military personnel // Krasnaya Zvezda. - 05/27/2009. See also: Gavrilov Yu. Service at allowance: an exclusive interview with Rossiyskaya Gazeta, Deputy Minister of Defense of the Russian Federation for Financial and Economic Work V. Chistova //RG (federal issue). -

32Federal Law of the Russian Federation No. 122-FZ of August 22, 2004 (as amended on December 30, 2004) “On Amending the Legislative Acts of the Russian Federation and Recognizing Some Legislative Acts of the Russian Federation as Invalid in Connection with the Adoption of Federal Laws “On Amendments and Additions to the Federal Law ”On general principles organizations of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation" and "On the general principles of the organization of local self-government in the Russian Federation""". For more information about it, see: Lebedeva N. 122nd law: legal and social consequences // Man and Labor. - 2005. - No. 4.

33Cit. Quoted from: Kolesov G.B., What awaits military pensioners in 2012 //ypensioner.ru. - 10.02.2012.

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As you know, the current military pension legislation establishes two different grounds for granting a pension for long service:
Firstly, in accordance with the Law of the Russian Federation of February 12, 1993 N 4468-I, the right to a pension for length of service is granted to persons who are subject to the said law and who have 20 or more years of service on the day of dismissal from service, including on a preferential basis. The amount of this pension in this case is 50% of the monetary allowance of a serviceman, and for each year of service over 20 years, 3% of the specified amounts of monetary allowance are paid, but in total no more than 85% of these amounts.

Secondly, a seniority pension can be assigned to the indicated persons dismissed from service upon reaching the age limit for service (45 years), for health reasons or in connection with organizational and staffing activities, having a general seniority 25 calendar years or more, of which at least 12 years and six months is military service, service in the internal affairs bodies, service in the State Fire Service, service in the bodies for controlling the circulation of narcotic drugs and psychotropic substances, service in institutions and bodies of the penitentiary system. The amount of this pension is for a total length of service of 25 years - 50% of the monetary allowance of a serviceman, and for each year of service over 25 years - 1 percent of the amount of monetary allowance. The servicemen call this type of pension "mixed pension" * (71).

Let us remind the readers of the magazine that the payment of a pension for any of the above reasons is made only after dismissal from military and equivalent service. If in the first basis, when assigning a superannuation pension, only two simultaneous conditions must be present:
- the fact of dismissal from military service;
- the presence on the day of exclusion from the lists of the military unit of length of service (in preferential terms) of 20 years or more.
If, as a rule, there are no controversial issues when assigning a pension on the first basis, since the only condition for assigning a pension is the presence of 20 years of service in case of dismissal from military service, then when assigning a pension on the second basis, there are several points that require additional clarification.
On the second basis, as Professor V.M. Koryakin "the legislator has established stricter conditions for the appointment of a pension." To acquire the right to a pension for long service, a citizen must simultaneously meet three conditions:

reaching the age of 45 on the day of dismissal;

The absence of at least one of these conditions deprives a person dismissed from military service of the right to a pension for long service.
In the practice of providing pensions to former servicemen, questions often arise about the right to a pension for long service of citizens who meet all the three conditions for granting a pension indicated above after their dismissal from service (for example, at the time of their dismissal due to organizational and staff measures, a serviceman with a total work experience of 25 years, of which at least 12.5 years is military service, has not reached the age of 45). Often, these citizens, upon reaching the specified age, apply to the military commissariats for the assignment of a pension to them. However, there are no legal grounds for assigning a seniority pension to such citizens * (72).

In accordance with paragraph "a" Art. 1 of the Law of the Russian Federation of February 12, 1993 N 4468-1, this Law shall apply to persons who have served in military service, service in internal affairs bodies, bodies for controlling 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 the agreements (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. By virtue of Art. 4 of the Law of the Russian Federation of February 12, 1993 N 4468-1 pension provision of persons residing on the territory of the Russian Federation who have served in the armed forces (armies, troops), security agencies and other military formations created in accordance with the legislation or service in the internal affairs bodies, bodies for control over 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 which the Russian Federation or the former USSR has 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). In pursuance of the provisions of the Law of the Russian Federation of February 12, 1993 N 4468-1, the Government of the Russian Federation adopted a resolution of September 22, 1993 N 941 "On the procedure for calculating length of service, assigning and paying pensions, compensations and benefits to persons who have served in the military as ensigns, midshipmen and military personnel of extended service or under a contract as soldiers, sailors, sergeants ants and foremen or service in the internal affairs bodies, the state fire service, institutions and bodies of the penitentiary system, and their families in the Russian Federation. Paragraph 1 of this resolution provides that in the length of service for assigning pensions after dismissal from service to officers, warrant officers, midshipmen, long-term servicemen and soldiers, sailors, sergeants and foremen who served in military service under the contract, private and commanding personnel of the internal affairs bodies, the State Fire Service, institutions and bodies of the penitentiary system are counted, including military service in the armed forces (army iyah, troops), security agencies, other military formations created in accordance with the law and service in the internal affairs bodies (police), the State Fire Service, 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, with which the Russian Federation or the former USSR SSR has concluded social security treaties (agreements) providing for mutual offset in length of service for the purpose of assigning pensions to servicemen dismissed from service, to private and commanding staff of internal affairs bodies (police), the State Fire Service, institutions and bodies of the penitentiary system of their service in other states. The Russian Federation and the Republic of Kazakhstan are parties to the Agreements of the countries of the Commonwealth of Independent States of March 13, 1992 "On Guarantees of the Rights of Citizens of the States Members of the Commonwealth of Independent States in the Field of Pension Provision" (hereinafter referred to as the Agreement of March 13, 1992) and of May 15, 1992 "On the Procedure for Pensions for Military Personnel and Their Families and State Insurance of Military Personnel of the Member States of the Commonwealth States of Independent States (hereinafter referred to as the Agreement of May 15, 1992). From the preamble of the Agreement of March 13, 1992, it follows that the governments of the member states of this Agreement recognize that the member states of the Commonwealth have obligations in respect of disabled persons who have acquired the right to pension provision on their territory or on the territory of other republics during the period of their entry into the USSR and exercise this right on the territory of the states parties to the Agreement. Article 1 of the Agreement of March 13 1992, it was determined that the provision of pensions for citizens of the states-participants of this Agreement and members of their families is carried out according to the legislation of the state in whose territory they live. The Agreement of March 13, 1992 provides for the retention of the payment of the previously assigned pension when a pensioner moves to a permanent place of residence in another state party to the Agreement. The amount of the pension is reviewed in accordance with the legislation of the state party to the Agreement at the new place of residence of the pensioner in compliance with the conditions stipulated by the Agreement (Article 7). At the same time, in Art. 1 of the Agreement of May 15, 1992 also provides that pension provision and compulsory state insurance of military personnel of the Armed Forces of the Commonwealth Member States and other military formations created by the legislative bodies of these states, the Joint Armed Forces of the Commonwealth, the Armed Forces and other military formations of the former USSR are carried out on the conditions, according to the norms and in the manner that are established or will be established by the legislation of the participating States, in whose territory the specified military personnel and their families live. From the above regulations, as well as the provisions of international agreements, it follows that the right to a pension for long service on the territory of the Russian Federation is given to persons 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 or more, of which at least 12 years 6 months is military service. At the same time, the provision of pensions to military personnel in the Armed Forces and other military formations of the States Parties to the Agreements is carried out in accordance with the legislation of the state on whose territory they live, including when a pensioner moves to a permanent place of residence in another State Party to the Agreement.

So, for example, F. filed a lawsuit against the military commissariat of the Rostov region on imposing the obligation to extend the payment of a pension for years of service on the territory of the Russian Federation starting from January 1, 2014. In support of the claims, Filatova E.N. indicated that she is a citizen of the Russian Federation, until January 2013 she lived on the territory of the Republic of Kazakhstan. On January 1, 2006, the Provision Center of the Ministry of Defense of the Republic of Kazakhstan granted her a pension for the length of service for part-time service in accordance with subpara. 2 p. 1 art. 61 of the Law of the Republic of Kazakhstan "On pension provision in the Republic of Kazakhstan" in connection with military service. Due to moving to a permanent place of residence in the Russian Federation, she applied to the military commissariat of the Rostov region with a request to extend the payment of a pension for years of service in the Russian Federation. This application was granted, and from March 1, 2013, the payment of her pension was extended in full. However, by order of the head of the Center social security of the Military Commissariat of the Rostov Region dated December 19, 2013, the payment of pensions was discontinued from January 1, 2014 due to the fact that, in violation of the provisions of the Law of the Russian Federation of February 12, 1993 N 4468-1 "On pension provision for persons who have completed military service, service in the internal affairs bodies, the State Fire Service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions x and the bodies of the penitentiary system, and their families" she has not reached the age of 45 at the time of her dismissal from military service for the emergence of the right to receive a pension for long service. She believed that the defendant's actions to stop the payment of a pension are illegal, since international agreements provide for the right of military personnel discharged from military service in the territory of another state to receive a similar pension that was assigned in another state, in this case in the Republic of Kazakhstan, thereby stopping the payment of a pension violated her right, as a citizen of the Russian Federation, to full pension provision. She asked to recognize her right to resume the payment of a pension for years of service from January 1, 2014, to impose on the defendant the obligation to calculate and pay a pension. The defendant's representative denied the claim. By the decision of the Oktyabrsky District Court of Rostov-on-Don dated March 31, 2014, the claim was satisfied. The military commissariat of the Rostov region was entrusted with the duty to appoint E.N. Filatova. retirement pensions in the territory of the Russian Federation starting from January 1, 2014 regional court dated May 26, 2014 the decision of the court of first instance was upheld.

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, having considered in an open court session on February 2, 2015, civil case No. 41-KG14-36 on the claim of F. against the military commissariat of the Rostov Region, established the following: As follows from the circumstances of the case established by the court, F. at the time of dismissal from the armed forces of the Republic of Kazakhstan did not reach the age of 45 years, as one of the necessary conditions for granting a pension for long service on the territory of the Russian Federation when resettled and her for permanent residence in the Russian Federation. She was granted a pension by the Ministry of Defense of the Republic of Kazakhstan for part-time service. Since the provision of pensions to persons who have served in the Armed Forces of the member states of the Commonwealth is carried out on the territory of the Russian Federation in accordance with the norms of the Law of the Russian Federation of February 12, 1993 N 4468-1, Filatova E.N. when resettling for permanent residence in the Russian Federation, the right to appoint and pay a pension for long service did not arise. Under such circumstances, the Judicial Board considers that the courts incorrectly applied the substantive law when establishing the presence of Filatova E.N. the right to receive a pension for long service, provided for by the legislation of the Russian Federation. In view of the foregoing, the appealed judicial decisions cannot be recognized as legal, since they were adopted with significant violations of substantive law that affected the outcome of the case, without their elimination it is impossible to restore and protect the violated rights and legitimate interests of the military commissariat of the Rostov region, which, according to Art. 387 of the Code of Civil Procedure of the Russian Federation is the basis for the cancellation of the appealed court decisions. Taking into account that the circumstances relevant to the case were established by the court of first instance, the Judicial Collegium finds it possible, by canceling the court decisions, to take a new decision on the case to refuse to satisfy the claims of F., without remitting the case for a new consideration, since the courts made a mistake in applying the substantive law. The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, guided by Art. 387, 388, 390 of the Code of Civil Procedure of the Russian Federation, determined: the decision of the Oktyabrsky District Court of Rostov-on-Don dated March 31, 2014 and the appeal ruling of the Judicial Collegium for Civil Cases of the Rostov Regional Court dated May 26, 2014 should be canceled. Adopt a new decision on the case, which, in satisfying the claims of F. to the military commissariat of the Rostov region on imposing the obligation to extend the payment of a pension for years of service on the territory of the Russian Federation, starting from January 1, 2014, to refuse * (73).
Pensions assigned in accordance with Law N 4468-I are one of the types of state pensions.

At the same time, the rules (conditions, norms, preferential bases for accrual, the procedure for assigning and paying) established for labor and social pensions differ significantly from the rules established for pensions assigned to persons dismissed from military service.
For the appointment of a pension in accordance with Law N 4468-I, Art. 18 of this Law defines the concept of length of service, which counts periods of military and equivalent service. So, the Economic Court * (74), having studied the current legislation of the CIS member states, came to the conclusion that when a state party to the Agreement of May 15, 1992 assigns a pension to a military man, his service in another state party to the Agreement is counted in length of service, including in a preferential calculation, on the basis of the legislation of this other state, adopted both before and after the signing of the Agreement of May 15, 1992. As for the procedure for calculating iya length of service, a certain part. 1 Article. 2 of the Agreement of May 15, 1992, the Economic Court considered that it should apply to servicemen who served in the territories of other states - parties to the Agreement of May 15, 1992, including during their entry into the USSR, and exercising the right to pensions after the state of the place of service of the relevant legislation.
In accordance with paragraph "a" Art. 1 of the Law of the Russian Federation "On pensions 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" of February 12, 1993 N 4468-I (hereinafter - the Law of the Russian Federation of February 12, 1993 N 4468-I) the effect of this Law extends to persons who have served in military service, service in internal affairs bodies, bodies controlling 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 the agreements (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.

By virtue of Art. 4 of the Law of the Russian Federation of February 12, 1993 N 4468-I, pensions for persons residing in the territory of the Russian Federation who have served in the Armed Forces (armies, troops), security agencies and other military formations created in accordance with the legislation or service in the internal affairs bodies, bodies for controlling the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system of other states - members of the CIS and states that are not members of the CIS, with whom the Russian Federation or the former USSR has concluded agreements (agreements) on social security, as well as the families of the above persons, is carried out in the manner prescribed by these agreements (agreements).
According to paragraph "b" of Art. 11 of the Law of the Russian Federation of February 12, 1993 N 4468-I, the Ministry of Internal Affairs of the Russian Federation provides pensions for military personnel dismissed from the internal troops and paramilitary fire brigade, 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, Emergency Situations and Elimination of Consequences of Natural Disasters, federal tax police bodies, as well as members of their families .

Therefore, if a citizen was, for example, in the service of the militarized fire brigade of the Ministry of Internal Affairs of the Kyrgyz SSR, and after the declaration of state sovereignty of the Republic of Kyrgyzstan on December 15, 1990, he served in the Ministry of Emergency Situations of the Republic of Kyrgyzstan, to which the fire service was transferred, and was subsequently transferred to the reserve on August 5, 2008, having moved to a permanent place of residence on the territory of the Russian Federation, then he has the right to receive a pension for long service through the Ministry of Internal Affairs of the Russian Federation. So they did with gr. R. in the military commissariat of the Volgograd region, when he entered the military register as being in the reserve, while transferring his pension file to the Pension Service Center, directly subordinate to the Main Directorate of Internal Affairs for the Volgograd Region. However, gr. R. was denied a long service pension by the Ministry of Internal Affairs of the Russian Federation, the refusal was motivated by the lack of legal grounds for the relevant payments, including the appointment of a long service pension, since the unit in which Mr. R., had a military status and was not included in the system of internal affairs bodies, as well as the absence to date of an interstate agreement on the procedure for providing pensions to employees of the Ministry of Emergency Situations. The Court of First Instance, where Mr. R., in order to protect his violated rights to pension provision, satisfying the claims, was based on the norms of interstate agreements "On guarantees of the rights of citizens of the CIS member states in the field of pension provision" of March 13, 1992 and "On the procedure for pension provision and state insurance of employees of internal affairs bodies of the CIS member states" of December 24, 1993, ratified, in particular, by the Russian Federation and the Republic of Kyrgyzstan, as well as on the provisions of the Law of the Russian Federation dated February 12, 1993 N 4468-I and came to the conclusion that c. R. has the right to receive a pension for long service at the expense of the funds and through the Ministry of Internal Affairs of the Russian Federation. Disagreeing with this decision of the court of first instance, representatives of the Main Department of Internal Affairs for the Volgograd Region, which is in charge of the Pension Service Center, appealed against this court decision by cassation at that time. The Court of Cassation dismissed the claim of Mr. R., pointing out that the legal grounds for recognition for c. R. does not have the right to receive a pension for long service in accordance with the Law of the Russian Federation of February 12, 1993 N 4468-I, since he had such a right and the pension was assigned to him at his former place of residence in the Kyrgyz Republic.

The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation did not agree with this conclusion of the court of cassation, which, in the ruling of July 6, 2012 in civil case No. 16-VPR12-11, indicated that the court of cassation came to the above conclusion, based on an incorrect interpretation and application of the norms of substantive and procedural law governing the legal relations that have arisen, since gr. Before moving to the Russian Federation, he was the recipient of pension provision for length of service and, upon moving, acquired an appropriate right to receive a pension for length of service through the Ministry of Internal Affairs of the Russian Federation on the basis of an agreement of the CIS countries "On guarantees of the rights of citizens of the CIS states in the field of pension provision" dated March 13, 1992. Another interpretation of the above international agreements would limit the rights of citizens of the Russian Federation to receive pension security In cases and sizes determined by the current legislation.
Thus, the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, having considered civil case No. 16-VPR12-11 on July 6, 2012, canceled the decision of the Judicial Collegium for Civil Cases of the Volgograd Regional Court of June 29, 2011 and upheld the decision of the court of first instance regarding the recognition of the right of Mr. R. to receive a pension for long service through the Ministry of Internal Affairs of the Russian Federation.

Establishing the procedure for calculating length of service for assigning a pension to persons who have served in the military, in accordance with Part 3 of Article 18 of Law N 4468-I, is within the exclusive competence of the Government of the Russian Federation.
The procedure for calculating the length of service, the appointment and payment of pensions is established by the Decree of the Council of Ministers - the Government of the Russian Federation of September 22, 1993 N 941.
As can be seen from part 1, clause 2 of the said Decree, in the length of service for assigning a pension to officers assigned to military service from the reserve, taking into account the specialty received in a civilian educational institution, as well as to female officers assigned to military service under the specified condition who were not in the reserve, the time of their training before being assigned to military service in civilian higher educational institutions in which there were cycles or departments of military training, is counted up to five years at the rate of one year of study for six months.
The second part of this paragraph establishes that in the length of service for assigning a pension to employees of the internal affairs bodies, it is necessary to count the time of their training before entering the service in civil higher educational institutions or in secondary specialized educational institutions within five years at the rate of two months of study for one month of service.

An analysis of the above legislative and regulatory acts allows us to conclude that the current military pension legislation does provide for the possibility of including in the length of service the time of study in a civilian higher educational institution or in secondary specialized educational institutions within the appropriate calculation limits, but only when a pension is awarded under paragraph "a" of Art. 13 of the Law of the Russian Federation N 4468-I, and when assigning a pension under paragraph "b" of Art. 13 of Law N 4468-I, i.e. for mixed length of service, the period of study in a civilian higher educational institution or in secondary specialized educational institutions is not subject to inclusion in the length of military service. This conclusion is also confirmed by judicial practice.

So, the Judicial Collegium for Civil Cases of the Ulyanovsk Regional Court, having considered on December 4, 2012 in open court case N 33-3670/2012 on the appeal of gr. S. on the decision of the Leninsky District Court of Ulyanovsk dated August 31, 2012, according to which it was decided: in satisfaction of the claim of gr. S. to the military commissariat of the Ulyanovsk region on recognizing illegal the refusal to grant a pension for service, the obligation to grant a pension for service, to completely refuse compensation for moral damage, established that when assigning a pension for mixed length of service, the period of study in a civilian higher educational institution is not subject to inclusion in the length of service in military service or service in institutions and bodies of the penitentiary system. Taking into account the fact that during the consideration of the case by the court there were no violations of the norms of substantive and procedural law, all legally significant circumstances in the case were given a correct legal assessment, there are no grounds for canceling the decision of the court of first instance * (75).

But what if a citizen of one of the CIS countries, for example, the Republic of Armenia, received a military pension for long service, and then, in connection with the adoption of citizenship of the Russian Federation and moving to the territory of the Russian Federation for permanent residence, the payment of military pension for long service to him was terminated through the Ministry of Defense of the Republic of Armenia?
Analyzing the current legislation in this area, we come to the following "superficial" conclusion:
The member states of the Commonwealth of Independent States, which includes the Republic of Armenia and the Russian Federation, have concluded the following international treaties in the field of pensions for citizens and military personnel:
1) Agreement on social and legal guarantees for military personnel, persons discharged from military service and members of their families of February 14, 1992;
2) Agreement on Guarantees of the Rights of Citizens of the States Members of the Commonwealth of Independent States in the Field of Pensions of March 3, 1992;
3) Agreement on the procedure for pension provision for military personnel and their families and state insurance for military personnel of the CIS Member States dated May 15, 1992.
These agreements were adopted on the basis of Art. 30, 31 of the Vienna Convention on the Law of International Treaties of May 23, 1969 and establish social and legal guarantees for military personnel, persons discharged from military service, and members of their families, and as a fundamental principle provide for the preservation of the level of rights and benefits previously granted to military personnel, persons discharged from military service, and members of their families by the legislation of the former USSR, and the inadmissibility of their unilateral restriction. The CIS member states have been granted the right to take measures aimed at strengthening social protection, including pensions, for this category of citizens. Compliance by the CIS member states with the principle of maintaining the level of previously granted rights and benefits in the field of pension provision ensures the implementation of the right to receive a pension for long service, which arose in one state party to the Agreement of May 15, 1992, when a pensioner - a former military man moves to a permanent place of residence in any of the states parties to this Agreement. This interpretation of the current regulations international law given in the decision of the Economic Court of the CIS dated February 6, 2009 N 01-1 / 2-08. On the basis of the Constitution of the Russian Federation, international treaties of the Russian Federation, if an international treaty of the Russian Federation establishes rules other than those provided for by law, the court shall apply the rules of the international treaty. In connection with the foregoing, at the first, "superficial" glance, it seems that citizens of the Russian Federation who have been discharged from military service from the armed forces of the CIS member states and, according to the legislation of these states, are entitled to receive a military pension for long service, retain the same right to pay a pension for long service on the territory of the Russian Federation. However, this is true only if these citizens have a length of service established by Russian legislation that has retained the level of rights and benefits previously granted to military personnel by USSR legislation.

An illustrative example in this case is the ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, which indicated the following circumstances of the civil case:
The court found that from June 1, 1993 to April 4, 2002 gr. A. did military service in ... a military unit ... as a personnel inspector with the rank of senior warrant officer in the city ... of the Republic ...
Since April 4, 2002 gr. A. was assigned a military pension for long service, which she received until March 1, 2007, when the payment of the pension by the Republic of Armenia to the plaintiff was terminated due to the fact that gr. A. accepted the citizenship of the Russian Federation. Since that date in the Russian Federation, the plaintiff has been a recipient of a disability pension.
After the termination of the payment of pensions by the Republic of Armenia gr. A. applied to the Ministry of Defense of the Russian Federation with an application for a seniority pension, but she was refused due to insufficient military service for the appointment of this type of pension provision under the legislation of the Russian Federation - 8 years 10 months 3 days instead of the required 20 years (or 12 years 6 months upon dismissal from military service on separate grounds).

Deciding on the recognition of this refusal illegal and the appointment of c. A. long service pensions through the Ministry of Defense of the Russian Federation from the moment of application, the court referred to the interpretation of Art. 7 of the Agreement on Guarantees for Citizens of the Member States of the Commonwealth of Independent States in the Field of Pensions of March 13, 1992 and Art. 1 of the Agreement on the procedure for pension provision of military personnel and their families and state insurance of military personnel of the member states of the Commonwealth of Independent States dated May 15, 1992, given in the decision of the CIS Economic Court N 01-1 / 2-08 (Minsk, February 6, 2009).
The Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation, in ruling No. 37-v11-7 of January 27, 2012, repealing the decisions of the court of first and second instances, pointed out that the judicial authorities had established that in the Republic of Armenia, c. A. was awarded a military service pension, which she received from April 2002 to March 2007, if she had a military service of 8 years 10 months 3 days. There is no legal assessment of these circumstances in the court decision.
The materials of the case do not contain documents and references to the norms of law that testify to the procedure and mechanism for assigning a pension to the plaintiff in the Republic of Armenia, there are no data established according to which the national legislation of the Republic of Armenia establishes a more preferential or other procedure for providing pensions to military personnel than that provided for military personnel by the legislation of the former USSR.

In our opinion, it is necessary to emphasize the fact that the courts of the first and second instances, satisfying the requirements of the plaintiff gr. A., they didn’t even think about the fact that citizens dismissed from military service, according to current Russian legislation, are entitled to a mixed military pension only if there are certain conditions in the aggregate, one of which is the presence of at least 12.5 years of service in military service * (76).

Analyzing the current legislation on the territory of the Russian Federation, we can come to the following conclusion.
By virtue of Art. 11 Code of Civil Procedure of the Russian Federation, the court is obliged to resolve civil cases on the basis of the Constitution of the Russian Federation, international treaties of the Russian Federation, federal constitutional laws, federal laws, regulatory legal acts of the President of the Russian Federation, regulatory legal acts of the Government of the Russian Federation, regulatory legal acts of federal state authorities, constitutions (charters), laws, other regulatory legal acts of state authorities of the constituent entities of the Russian Federation, regulatory legal acts of local governments. The court resolves civil cases based on the customs of business turnover in cases provided for by regulatory legal acts. If an international treaty of the Russian Federation establishes other rules than those provided for by law, the court, when resolving a civil case, applies the rules of the international treaty.

In accordance with Art. 32 of the Charter of the Commonwealth of Independent States, adopted in Minsk on January 22, 1993, the Economic Court operates to ensure the fulfillment of economic obligations within the Commonwealth. The jurisdiction of the Economic Court includes the resolution of disputes arising from the performance of economic obligations. The Court may also resolve other disputes referred to its jurisdiction by agreements of the Member States. The Economic Court has the right to interpret the provisions of agreements and other acts of the Commonwealth on economic issues. The Economic Court carries out its activities in accordance with the Agreement on the Status of the Economic Court and its Regulations approved by the Council of Heads of State. The Russian Federation, among other CIS member states, having ratified the CIS Charter by Resolution of the Supreme Council of the Russian Federation of April 15, 1993 N 4799-I, which entered into force for the Russian Federation on July 20, 1993, and the Agreement on the Status of the Economic Court of the Commonwealth of Independent States, delegated to the Economic Court the right of official interpretation, which is binding. Thus, the interpretation of the application of Art. 7 of the Agreement on Guarantees of the Rights of Citizens of the States Members of the Commonwealth of Independent States in the Field of Pensions of March 13, 1992 and Art. 1 of the Agreement on the procedure for providing pensions to military personnel and their families and state insurance for military personnel of the member states of the Commonwealth of Independent States dated May 15, 1992, given in the decision of the CIS Economic Court N 011 / 2-08 (Minsk, February 6, 2009), is binding on the Russian Federation. From the decision of the CIS Economic Court N 01-1/2-08 it follows that, in accordance with Art. 1 of the Agreement of May 15, 1992 (the said Agreement was signed by Russia and Armenia), pension provision for the military personnel of the Armed Forces of the Commonwealth member states and other military formations created by the legislative bodies of these states, the Joint Armed Forces of the Commonwealth, the Armed Forces and other military formations of the former USSR, as well as pension provision for the families of these military personnel are carried out on the conditions, according to the norms and in the manner that are established or will be established by the legislation of the participating states, on the territories of which the said servicemen and their families live, and until these states adopt legislative acts on these issues - on the terms, according to the norms and in the manner established by the legislation of the former USSR.

The Economic Court of the CIS notes that this norm establishes the principle of territoriality, which means the provision of pensions for military personnel in accordance with the legislation of the state of the place of permanent residence. In Art. 1 of the Agreement of May 15, 1992, in addition, provides: "in this case, the level of pension provision for military personnel and their families, established by the legislation of the participating States, cannot be lower than the level previously established by legislative and other normative acts of the former USSR." Thus, in this norm, along with the principle of territoriality, the requirement imposed by an international treaty on legal acts of national legislation is fixed - the preservation of the level of rights and benefits previously granted to military personnel, persons discharged from military service, and members of their families by the legislation of the former USSR. Economic Court of the CIS, based on the provisions of Art. 1 of the Agreement of May 15, 1992, in the decision, he believes that in order to assess the level of pension provision for military personnel, the qualitative state of their rights in the field of pension provision is important, to determine which it is necessary to take into account the conditions, norms and procedure for granting pensions established by national legislation. In this regard, length of service, being a condition for granting a pension to military personnel in all participating States, is one of the components of the level of their pension provision. Taking into account the principle of maintaining the level of rights and benefits previously granted to military personnel by the legislation of the former USSR, the conditions for granting a pension for long service, provided for by national legislation, should not worsen the legal status of this category of citizens in comparison with the conditions established by the USSR Law "On Pensions for Military Personnel" dated April 28, 1990 N 1467-I. Article 13 of the Law of the USSR "On pensions for military personnel" dated April 28, 1990 N 1467-I, which was in force until February 1, 1993, provided that the following had the right to a pension for long service:
a) officers, warrant officers, midshipmen and long-term military servicemen, persons in command and rank and file of the internal affairs bodies who, on the day of dismissal from service, have served in the military service or in the service in the internal affairs bodies for 20 years or more;
b) officers and persons of the middle, senior and senior commanding staff of the internal affairs bodies, dismissed from service due to age, illness, redundancy or limited health and who have reached the age of 50 on the day of dismissal, having a total length of service of 25 calendar years or more, of which at least 12 years and 6 months is military service or service in the internal affairs bodies.
Thus, according to the above Law of the USSR, c. And there would be no right to a pension for long service, since a necessary condition for its appointment for a senior warrant officer was at least 20 years of military service or at least 12 years 6 months (with a total length of service of 25 calendar years or more).
The court of first instance came to the same conclusion during the new consideration of the civil case, taking into account the position of the cassation court set out in the ruling of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated January 27, 2012 No. A., as a former serviceman of the Republic of Armenia, is not preserved in Russia as in the state chosen as her permanent place of residence. In addition, as the court of first instance correctly pointed out in its decision, which entered into force, "the plaintiff is a recipient of a labor pension on the basis of the provisions of Federal Law No. 173-F3 of December 17, 2001 "On Labor Pensions in the Russian Federation" and until these circumstances change, she has no right to simultaneously receive a pension on various grounds "* (77).
Based on the foregoing, we also come to the following main conclusions:
Firstly, service (including on preferential terms) in the armed forces and other military formations specified in Art. 1 of the Agreement, in the manner prescribed by the legislation of the participating States, in the territories of which the military personnel served.

Secondly, the amount of monetary allowance (earnings) for assigning pensions to military personnel and their families is determined in the manner established by the legislation of the participating States in whose territories the military personnel or their families live.
Thirdly, if the state in which the serviceman served establishes a preferential procedure for calculating length of service for the period of service in this state, the state authorities at the place of the chosen residence of the serviceman must make an appropriate calculation, while if the length of service calculated when assigning a pension, including on preferential terms, at the place of military service in one of the states parties to the Agreement of May 15, 1992, to a serviceman who was dismissed from military service and moved to permanent e place of residence in another Member State, is not subject to recalculation at the new place of residence * (78).
Fourthly, when a state party to the Agreement of May 15, 1992 assigns a pension to a serviceman, his service in another state party to the Agreement is counted towards length of service, including on a preferential basis, on the basis of the legislation of that other state, adopted both before and after the signing of the Agreement of May 15, 1992;
Fifthly, citizens of the Russian Federation who are discharged from military service from the armed forces of the CIS member states and, under the legislation of these states, who are entitled to receive a military pension for long service, retain the same right to pay a pension for long service on the territory of the Russian Federation, provided that these citizens have a length of service established by Russian legislation that has retained the level of rights and benefits previously granted to military personnel by the legislation of the USSR;
Sixth, in order to acquire the right to a so-called "mixed pension" for length of service in the Russian Federation, a citizen, including a citizen dismissed from military service from the Armed Forces of the CIS member states who arrived on the territory of the Russian Federation for permanent residence, must simultaneously meet three conditions:
dismissal from military service on one of three grounds: in connection with reaching the age limit for military service; due to illness; in connection with organizational and staff activities;
reaching the age of 45 on the day of dismissal;
the presence on the day of dismissal of a total work experience of 25 years or more, of which at least 12.5 years is military service.
The absence of at least one of these conditions deprives a person dismissed from military service of the right to a pension for long service.

Inactive

Document's name:
Document Number:	1467-1
Document type:	Law of the USSR
Host body:	Supreme Soviet of the USSR
Status:	Inactive
Published:
Acceptance date:	April 28, 1990
Effective start date:	January 01, 1991
Expiration date:	February 01, 1993

On the provision of pensions for military personnel. General provisions.

UNION OF SOVIET SOCIALIST REPUBLICS

On the provision of pensions for military personnel

Not applicable on the territory of the Russian Federation since February 1, 1993
based on the decision of the Supreme Council of the Russian Federation
dated February 12, 1993 N 4469-1
____________________________________________________________________

This Law, in accordance with the Constitution of the USSR, determines the conditions, norms and procedure for providing pensions to military personnel of the USSR Armed Forces, troops and bodies of the USSR State Security Committee, internal troops, railway troops and other military formations, officers and rank and file of internal affairs bodies and their families.

I. General provisions

Article 1. Types of pension provision

Persons of officers, warrant officers, midshipmen and servicemen of extended service, persons of commanding and rank and file of the internal affairs bodies, if they have the length of service established by this Law in military service in the internal affairs bodies, have the right to life pension for years of service.

Military personnel, persons in command and rank and file of internal affairs bodies who have become disabled under the conditions provided for by this Law shall acquire the right to a disability pension.

In the event of the death or death of military personnel, persons in command and rank and file of the internal affairs bodies, their families are entitled to a pension in the event of the loss of a breadwinner.

Article 2. Conditions of pension provision

Military personnel, persons in command and rank and file of internal affairs bodies who are entitled to pensions, pensions in accordance with this Law are assigned and paid after dismissal from service.

Disability pensions for military personnel, persons in command and rank and file of internal affairs bodies, and their families, pensions for the loss of a breadwinner are assigned regardless of the length of service.

Article 3. Persons entitled to pensions on an equal basis with conscripts and their families

The conditions, norms and procedure for pension provision established by this Law for conscripts and their families, respectively, also apply (unless otherwise specified):

a) to partisans and their families (except for those specified in Article 4 of this Law);

b) to workers and employees of the relevant categories, determined by the Council of Ministers of the USSR, who worked during the Great Patriotic War in areas of military operations (on the front-line sections of railways, at the construction of defensive lines, naval bases, airfields, etc.), and their families; c) to citizens who were part of extermination battalions, platoons and people's defense detachments, and their families;

d) to those liable for military service called up for training, special or verification fees, their families;

e) to employees of paramilitary guards who are not subject to state social insurance, to junior commanders and privates of the special communications service of the USSR Ministry of Communications and their families.

Article 4

On the grounds established by this Law for the officer corps and their families, pensions are also provided to persons holding command positions corresponding to the positions of officers in partisan detachments and formations, and their families.

On the grounds established by this Law for long-term servicemen and their families, pensions are also provided to women who are voluntarily accepted into active military service as soldiers, sailors, sergeants and foremen, and their families.

Article 5

Officers, warrant officers, warrant officers and long-term servicemen, commanding officers and rank and file of internal affairs bodies and their families can (at their request) be granted pensions on the conditions and in accordance with the norms established by the USSR Law "On Pensions for Citizens in the USSR". At the same time, along with wages, when calculating their pensions, all types of monetary allowance received by these military personnel, persons in command and rank and file before dismissal from service are taken into account. Concerning the specified military personnel, persons commanding and enlisted personnel who served in the regions of the Far North and localities equated to the regions of the Far North, preferential conditions for granting an old-age pension established by law for persons working in these regions and localities are applied.

On the grounds established by the USSR Law "On Pensions for Citizens in the USSR", pensions are also assigned to military personnel and persons in command of internal affairs bodies deprived of military or special ranks, and to their families.

Article 6. Pensions to the families of deceased pensioners

Families of deceased pensioners from among military personnel, persons in command and rank and file of internal affairs bodies are entitled to a pension in the event of loss of a breadwinner on a common basis with the families of military personnel, persons in command and rank and file of internal affairs bodies.

Article 7. Right to choose a pension

Military personnel, persons in command and rank and file of internal affairs bodies and their families, who simultaneously have the right to various state pensions, one pension of their choice is assigned.

Article 8. Funds for the payment of pensions. Exemption of pensions from taxes

The payment of pensions to servicemen, officers and rank and file of internal affairs bodies and their families is provided by the state at the expense of the state budget of the USSR.

Pensions are not taxable.

Article 9. Payment of benefits

Servicemen, persons in command and enlisted personnel of internal affairs bodies who are dismissed from service, families of the corresponding categories of servicemen and persons in command and enlisted personnel of internal affairs bodies and pensioners from among military personnel and persons in command and enlisted personnel who have lost their breadwinner shall be paid benefits in amounts determined by the Council of Ministers of the USSR.

Article 10

Pension provision of conscripts and their families in accordance with this Law is carried out by social security agencies. In the same manner, pensions are provided for officers, warrant officers, midshipmen and long-term servicemen, officers and rank and file of internal affairs bodies and their families when pensions are assigned to them on the conditions and in accordance with the norms established by the USSR Law "On Pensions for Citizens in the USSR" (Article 5 and part one of Article 26 of this Law).

Article 11. Social assistance to pensioners

The legislation of the Union and Autonomous Republics, decisions of local Soviets of People's Deputies, the administration and labor collectives of enterprises, institutions and organizations, within the limits of the rights granted to them by the USSR Law "On Pensions for Citizens in the USSR", may establish, at the expense of republican and local budgets, funds from wage funds, additional payments to pensions assigned in accordance with this Law, additional types of material support and benefits for pensioners from among military personnel, persons in command and rank and file of internal affairs bodies and their members. families.

Article 12. Pensions for special merit

Military personnel, persons in command and rank and file of the internal affairs bodies, awarded the title of Hero of the Soviet Union or Hero of Socialist Labor, awarded the Order of Glory of three degrees, the Order of Labor Glory of three degrees or the Order "For Service to the Motherland in the Armed Forces of the USSR" of three degrees, or having honorary titles of the USSR, as well as in the presence of other merits to the Soviet state, pensions for special services to the Union C may be awarded SR in the manner established by the Supreme Soviet of the USSR.

II. Seniority pensions

Article 13. Conditions for assigning pensions

The following are entitled to a superannuation pension:

a) officers, warrant officers, midshipmen and long-term servicemen, officers and rank and file of internal affairs bodies who, on the day of dismissal from service, have served in military service or in the service in internal affairs bodies for 20 years or more;

b) officers and persons of the middle, senior and senior commanding staff of the internal affairs bodies, dismissed from service due to age, illness, redundancy or limited health and who have reached the age of 50 on the day of dismissal, having a total length of service of 25 calendar years or more, of which at least 12 years and 6 months is military service or service in the internal affairs bodies.

Article 14. Amounts of pensions

Seniority pensions are awarded in the following amounts:

a) officers, warrant officers, midshipmen and long-term servicemen, officers and rank and file of internal affairs bodies with a length of service of 20 years or more (paragraph "a" of Article 13): for length of service 20 - 40 percent, and those dismissed due to age or illness - 45 percent of the corresponding amounts of monetary allowance (Article 46); for each year of service over 20 years - 3 percent of the corresponding amounts of monetary allowance, but not more than 75 percent of these amounts;

b) to officers and persons of middle, senior and senior commanding staff of internal affairs bodies with a total record of 25 calendar years or more, of which at least 12 years and 6 months is military service or service in internal affairs bodies (clause "b" of Article 13): for a total length of service of 25 years - 40 percent and for each year of experience over 25 years - 1 percent of the corresponding amounts of monetary allowance (Article 46).

Article 15. Minimum amount of pensions

Seniority pensions granted in accordance with this Law may not be lower than the minimum old-age pension.

Article 16. Increase in pensions for certain categories of pensioners

Pensions for length of service calculated in accordance with Articles 14 and 15 of this Law for officers, warrant officers, midshipmen and long-term servicemen, for persons in command and rank and file of internal affairs bodies in the amount of less than 200 rubles per month, are increased by 20 rubles per month. At the same time, the pension with an increase should not exceed 200 rubles per month.

Article 17

Persons of officers, warrant officers, midshipmen and servicemen of extended service, persons of command and rank and file of internal affairs bodies who are war invalids (paragraph "a" of Article 22), pensions for long service are increased by the amount of the minimum pension provided for by Article 24 of this Law for war invalids from among soldiers and sailors of military service in the corresponding disability group. Persons of officers, warrant officers, midshipmen and servicemen of extended service, persons in command and rank and file of internal affairs bodies who served in the active army, partisan detachments and formations or took part in hostilities in the performance of international duty, if they are not war invalids, pensions for length of service are increased by 25 percent of the minimum pension by age.

Article 18

To the pension for the length of service, assigned to officers, warrant officers, midshipmen and military personnel of long-term service, to persons in command and rank and file of the internal affairs bodies (including the one calculated in the minimum amount), allowances are accrued:

A) non-working pensioners who have dependent family members who are unable to work and belong to the circle of persons provided with a survivor's pension - for each disabled family member in the amount of the social pension established by the USSR Law "On Pension Provision of Citizens in the USSR" for the corresponding category of the disabled. At the same time, the allowance is charged only to those family members who do not receive a labor or social pension. If there is at the same time the right to a social pension and an allowance for a disabled family member to a pension for long service, at the choice of a pensioner, a family member may be assigned social pension or an allowance has been accrued for this family member;

b) pensioners who are invalids of group I (except for those who are entitled to a pension increase provided for in the first part of Article 17), as well as single pensioners who have reached the age of 80, - for care followed by 30 per cent of the minimum old-age pension.

The allowances provided for in paragraphs "a" and "b" of this article may be accrued simultaneously.

Article 19. Calculation of length of service

Article 19. Calculation of length of service

The procedure for calculating length of service for assigning pensions in accordance with this Law to officers, warrant officers, midshipmen and long-term servicemen, officers and rank and file of internal affairs bodies is determined by the Council of Ministers of the USSR.

III. Disability pensions

Article 20. Conditions for assigning pensions

Disability pensions are assigned to military personnel, persons in command and rank and file of the internal affairs bodies who became disabled if the disability occurred during the period of their service or no later than 3 months after their dismissal from service, or if the disability occurred later than this period, but due to injury, concussion, injury or illness that occurred during the period of service.

Article 21. Establishment of disability

The groups and causes of disability, as well as the time of its onset, are established by medical and labor expert commissions (VTEK), acting on the basis of the Regulations on them, approved by the Council of Ministers of the USSR.

Depending on the degree of disability, disabled people are divided into three groups.

Article 22. Causes of disability

Depending on the cause of disability, disabled people from among the military, commanding officers and rank and file of the internal affairs bodies are divided into the following categories:

a) war invalids - in the event of disability due to injury, concussion or injury received in the defense of the USSR or in the performance of other duties of military service (official duties), or illness associated with being at the front or performing international duty in countries conducting hostilities;

b) other invalids from among military personnel, persons in command and rank and file of internal affairs bodies - in the event of disability due to an injury resulting from an accident not related to the performance of military service duties (official duties), or a disease not related to being at the front or fulfilling international duty in countries conducting military operations.

Article 23. Amounts of pensions

Disability pensions for military personnel, persons in command and rank and file of internal affairs bodies are assigned in the following amounts:

a) war invalids of groups I and II - 75 percent, group III - 50 percent of earnings (the amount of monetary allowance, hereinafter referred to as earnings);

b) other disabled people of groups I and II - 55 percent, III groups - 30 percent of earnings.

Article 24

The minimum amounts of disability pensions are set:

war invalids from soldiers and sailors of conscripts of I and II groups - in the amount of 150 percent, III groups - 75 percent of the minimum size of the old-age pension, and other disabled soldiers and sailors of conscripts of I and II groups - in the amount of 100 percent, III groups - 50 percent of the minimum size of the old-age pension;

to invalids from among sergeants, foremen, corporals and senior sailors of military service - in the amount of 110 percent, from among warrant officers, midshipmen and military personnel of long-term service, persons in command and rank and file of internal affairs bodies - 120 percent, and also from among officers and persons in command (except junior) of internal affairs bodies - 130 percent of the corresponding minimum pensions provided for by this article for a disabled person ov from among the soldiers and sailors of military service.

Article 25. Increase in pensions for certain categories of disabled people

Disability pensions calculated in accordance with Articles 23 and 24 of this Law for officers, warrant officers, midshipmen and long-term servicemen, for persons in command and rank and file of internal affairs bodies in the amount of less than 150 rubles per month are increased by 20 rubles. At the same time, the pension with an increase should not exceed 150 rubles per month.

War invalids of group II who are not entitled to other types of pensions and the care allowance provided for in paragraph "b" of Article 27 of this Law, the minimum amount of pensions is increased by 25 percent of the minimum amount of old-age pension.

Article 26

Disabled persons of groups I and II from among military personnel, persons in command and rank and file of internal affairs bodies who have the length of service necessary for the appointment of an old-age pension established by the USSR Law "On Pension Provision of Citizens in the USSR" (including on preferential terms), a disability pension may be awarded in the amount of the old-age pension provided for by this Law with an appropriate length of service.

If disabled persons of groups I and II from among officers, warrant officers, midshipmen and long-term servicemen, persons in command and rank and file of internal affairs bodies have the length of service necessary for the appointment of a pension for long service (paragraph "a" of Article 13), a disability pension may be assigned to them in the amount of a pension for long service with the corresponding length of service.

To the disability pension assigned to military personnel, persons in command and rank and file of the internal affairs bodies (including those calculated in the appropriate minimum amount), allowances are accrued:

a) for non-working disabled people of groups I and II who have dependent family members who are unable to work and belong to the circle of persons provided with a survivor's pension - for each disabled family member in the amount of the social pension established by the USSR Law "On Pensions for Citizens in the USSR" for the corresponding category of disabled people. At the same time, the allowance is charged only to those family members who do not receive a labor or social pension. If there is at the same time the right to a social pension and an allowance for a disabled family member to a disability pension, at the choice of a disabled person, a social pension can be assigned to a family member or an allowance can be accrued to this family member;

b) visually disabled war invalids of group I and single war invalids of group II who need outside help - 100 percent for their care, and other group II disabled people who need outside help - 50 percent of the minimum age pension.

The allowances provided for in paragraphs "a" and "b" of this article may be accrued simultaneously.

Article 27

Article 28

Military personnel, persons in command and rank and file of the internal affairs bodies who served in the army, partisan detachments and formations or took part in hostilities in the performance of international duty, the disability pension due to the reasons specified in paragraph "b" of Article 22 of this Law (including those calculated in the appropriate minimum amount) is increased by 25 percent of the minimum age pension.

Article 29

Disability pensions for military personnel, officers and rank and file of the internal affairs bodies are assigned for the entire period of disability established by the VTEK, and for disabled men over 60 years old and women over 55 years old for life with re-examination of these disabled people only at their request.

If a pensioner who has not reached retirement age is recognized as able-bodied, a pension is paid to him until the end of the month in which he was recognized as able-bodied, but not later than until the day on which disability was established.

Article 30

With a change in the disability group that followed after the appointment of a pension, the amount of the pension also changes accordingly. At the same time, if a war invalid’s disability increases due to a general illness, labor injury or occupational disease, the pension is recalculated according to new group disability while maintaining its cause.

Article 31

If a disabled person from among the military personnel, persons in command and rank and file of the internal affairs bodies misses the period of re-examination at the VTEK, the payment of his pension is suspended and, if he is recognized as disabled again, resumes from the day of suspension, but not more than one month before the day of re-examination.

If a disabled person misses the period of re-examination according to good reason the payment of his pension is resumed from the date of suspension, but not more than 3 years before the day of re-examination, if the VTEC recognizes him as disabled during this period. At the same time, if during the re-examination of a disabled person a different disability group is established, a pension for the specified time is paid according to the previous disability.

IV. Survivors' pensions

Article 32. Conditions for assigning pensions

Pensions for the loss of a breadwinner are granted to the families of military personnel, persons in command and enlisted personnel of internal affairs bodies if the breadwinner died during the period of service or no later than 3 months after dismissal from service or later than this period, but due to injury, concussion, injury or illness that occurred during the period of service, and to the families of pensioners from among these military personnel, persons in command and enlisted personnel, if the breadwinner died during the period of receiving a pension or no later than 5 years after termination of pension payments. At the same time, the families of servicemen who went missing during the period of hostilities are equated to the families of those who died at the front.

Article 33. Members of a family entitled to a pension

Disabled members of the family of deceased (dead) military personnel, persons in command and rank and file of the internal affairs bodies, who were dependent on them, have the right to a pension in the event of the loss of a breadwinner.

Regardless of being dependent on the breadwinner, the pension is assigned to: disabled children; disabled parents and spouse, if after the death of the breadwinner they lost their source of livelihood; disabled parents and wives of military personnel who died at the front or while performing international duty in countries engaged in hostilities.

When determining the right to a pension in the event of the loss of a breadwinner, disabled family members are considered:

a) children, brothers, sisters and grandchildren under the age of 18 or older than this age, if they became disabled before reaching the age of 18, and who are students of vocational schools, secondary specialized and higher educational institutions - until the end of these educational institutions, but not longer than until they reach the age of 23. At the same time, brothers, sisters and grandchildren have the right to a pension if they do not have able-bodied parents; b) father, mother and spouse, if they have reached retirement age: men - 60 years old, women - 55 years old or are disabled;

c) a spouse or one of their parents or a grandfather, grandmother, brother or sister, regardless of age and ability to work, if he (she) is engaged in caring for the children, brothers, sisters or grandchildren of the deceased breadwinner under the age of 8 and does not work;

d) grandfather and grandmother - in the absence of persons who are required by law to support them.

For parents and wives of certain categories of dead military personnel, persons in command and rank and file of internal affairs bodies, the Council of Ministers may establish other conditions for granting a pension in the event of the loss of a breadwinner.

Article 34. Family members who are considered dependents

The family members of the deceased are considered to be dependent on him if they were fully supported by him or received assistance from him, which was for them a permanent and main source of livelihood.

Members of the family of the deceased, for whom his assistance was a permanent and main source of livelihood, but who themselves received some kind of pension, are entitled to switch to new pension.

Article 35

For children who have lost both parents (orphans), for the period of being on full state support, pensions are paid in full.

Other children who were fully supported by the state are paid 25 percent of the assigned pension.

Article 36. The right to a pension of adoptive parents and adopted children

Adoptive parents are entitled to a pension on an equal footing with their parents, and adopted children are entitled on a par with their own children.

Minors who are entitled to a survivor's pension retain this right also upon adoption.

Article 37

Article 37

Stepfathers and stepmothers are entitled to a pension on an equal footing with the father and mother, provided that they raised or supported the deceased stepson or stepdaughter for at least 5 years.

The stepson and stepdaughter, if they did not receive alimony from their parents, are entitled to a pension on an equal basis with their own children.

Article 38

The pension granted on the occasion of the death of a spouse is also preserved when the pensioner enters into a new marriage.

Article 39. Amount of pensions

Survivor's pensions are awarded in the following amounts:

a) families of military personnel, persons in command and rank and file of internal affairs bodies who died as a result of injury, concussion or injury received in the defense of the USSR or in the performance of other military service duties (official duties), or as a result of an illness associated with being at the front or fulfilling international duty in countries engaged in hostilities - 40 percent of the income of the breadwinner for each member of the family. In the same amount of pensions, regardless of the cause of death of the breadwinner, are calculated for the families of deceased pensioners from among the invalids of the war and for families that include children who have lost both parents (orphans);

b) families of military personnel, persons in command and rank and file of the internal affairs bodies who died as a result of an injury received as a result of an accident not related to the performance of military service duties (official duties), or a disease not related to being at the front or fulfilling international duty in countries conducting hostilities - 30 percent of the income of the breadwinner for each disabled family member.

Article 40

Pensions for the loss of a breadwinner, assigned to the families of military personnel, persons in command and rank and file of internal affairs bodies, per each disabled family member, cannot be lower than:

a) when calculating pensions in accordance with paragraph "a" of Article 39 of this Law: for families of soldiers and sailors of military service - 100 percent, for families of sergeants, foremen, corporals and senior sailors of military service - 110 percent, for families of warrant officers, midshipmen and servicemen of extended service, persons in command and rank and file of internal affairs bodies - 120 percent, and for families of officers and persons in command (except for the junior) of the internal affairs bodies - 130 percent of the minimum old-age pension;

b) when calculating a pension in accordance with paragraph "b" of Article 39 of this Law - 75 percent of the amount provided for in paragraph "a" of this article for families of the relevant categories of military personnel, persons in command and rank and file of internal affairs bodies.

Article 41. Calculation of pensions for orphans

For families of conscripts, which include children who have lost both parents (orphans), the survivor's pension can be calculated from the total amount of earnings of both parents according to the norms established by the USSR Law "On Pensions for Citizens in the USSR".

Article 42

The survivor's pension is established for the entire period during which a family member of the deceased is considered disabled (Article 33), and for family members who have reached: men 60 years old, women 55 years old - for life.

Article 43. Appointment of one pension for all family members. Allocation of the pension share

All family members entitled to a pension are entitled to one general pension.

At the request of a family member, his share is allocated and paid to him separately.

The allocation of the share is made from the first day of the month following the month in which the application for the division of the pension was received.

Article 44. Changing the amount of pension and termination of its payment

If a change occurs in the composition of a family to which a survivor's pension was granted, as a result of which individual members of the family or the family as a whole lose the right to a pension, the recalculation of the pension or the termination of its payment is made from the first day of the month following the month in which the change occurred.

Article 45

For family members who are disabled, the rules on the procedure and terms for establishing disability, set out in Articles 21, 29 and 31 of this Law, respectively, apply.

V. Calculation of pensions

Article 46

Pensions assigned in accordance with this Law to conscripts and their families are calculated according to the established norms as a percentage of the average monthly earnings that military personnel received before being called up for military service or after dismissal from military service before applying for a pension, or to the average monthly monetary allowance received by military personnel during the period of military service under the contract. At the same time, the average monthly earnings (monetary allowance) for calculating their pensions will be determined in the manner established by the USSR Law "On Pensions for Citizens in the USSR".

For conscripts who did not work before being called up for military service and after dismissal from military service, who were not in military service under a contract, and their families, pensions are established by Articles 24 and 40 of this Law.

Pensions for officers, warrant officers, midshipmen and long-term military servicemen, commanding and enlisted personnel of internal affairs bodies and their families are calculated from the monetary allowance of these military personnel, commanding officers and enlisted personnel. At the same time, for calculating their pensions, the corresponding salaries for the position, military or special rank and the percentage bonus for length of service (continuous work) are taken into account in the manner and amount determined by the Council of Ministers of the USSR.

Article 47. Recalculation of pensions from higher earnings

Pensioners from among military servicemen who have worked after the assignment of a disability pension for at least 2 years with higher earnings than the one from which the pension was calculated are set, upon their application, a new pension amount based on earnings determined in the manner prescribed by the USSR Law "On Pension Provision of Citizens in the USSR". Under the same conditions, the pension assigned in the minimum amount due to the lack of earnings is recalculated.

In the event of a further increase in the pensioner's earnings, a new recalculation of the pension is made at his request. Each subsequent recalculation of the pension is made no earlier than 2 years of work after the previous recalculation.

Article 48. Calculation of pensions for families of pensioners

For families of pensioners from among military personnel, persons in command and rank and file of internal affairs bodies, pensions in the event of the loss of a breadwinner are calculated from the same earnings (cash allowance) from which the pension to the breadwinner was calculated.

For the families of pensioners from among military servicemen who had the right to recalculate a pension in the manner prescribed by Article 47 of this Law, pensions in the event of the loss of a breadwinner are calculated from the earnings from which the specified recalculation of the pension was made or could be made.

Article 49

The minimum amounts of pensions assigned to military personnel, persons in command and rank and file of internal affairs bodies and their families, supplements to these pensions, determined on the basis of the minimum wage, as well as the maximum wages taken into account for calculating pensions for conscripts and their families, increase with an increase in the minimum wage. When they are increased, they are made from July 1, if the increase in the minimum wage was made before July 1, and from January 1 of the next year, if the increase in the minimum wage was made from July 1 or later.

Article 50

Pensioners from among military officers, warrant officers, midshipmen and long-term servicemen, persons in command and rank and file of internal affairs bodies and members of their families living in areas where regional coefficients are established for the wages of workers and employees, for the period of their residence in these regions, pensions assigned in accordance with this Law (including in the minimum amount) are calculated using the appropriate regional coefficient established in this region for workers and employees of non-productive industries, but not more than a coefficient of 1.5.

For retired military servicemen and members of their families, pensions for the period of residence in areas where district coefficients are established for the wages of workers and employees are calculated in the manner established by the USSR Law "On Pensions for Citizens in the USSR".

VI. Appointment of pensions

Article 51

Applications for the assignment of pensions to conscripts and members of their families are submitted to the district (city) department of social security or another social security body corresponding to it * at the place of residence, and to officers, ensigns, midshipmen and servicemen of extended service, persons in command and rank and file of internal affairs bodies and members of their families - to the pension bodies of the USSR Ministry of Defense. USSR Ministry of Internal Affairs or USSR State Security Committee.

Article 52

Pensions for military servicemen and their families are assigned by commissions for the appointment of pensions, as well as for officers, warrant officers, midshipmen and long-term servicemen, for persons in command and enlisted personnel of internal affairs bodies and their families - by the pension bodies of the USSR Ministry of Defense, the USSR Ministry of Internal Affairs or the USSR State Security Committee (taking into account the first part of Article 10).
_______________________
*Hereinafter referred to as the district (city) department of social security.

Documents on the appointment of pensions are considered by the bodies assigning pensions no later than 10 days from the date of their receipt.

Article 53

Pensions in accordance with this Law are assigned:

a) military servicemen - from the day of discharge from the hospital, not earlier than from the day of dismissal from military service, if the establishment of disability of the VTEK and the application for a pension followed no later than 3 months, respectively, from the day of discharge from the hospital or from the day of dismissal from military service, and for the families of military servicemen and pensioners from among these military personnel - from the day of the death of the breadwinner or the emergence of the right to a pension, but not more than 12 months before applying for a pension. Parents or spouses of the said servicemen and pensioners, who have acquired the right to a pension due to the loss of their source of livelihood, are granted a pension from the day they apply for a pension;

b) persons of officers, warrant officers, midshipmen and military personnel of extended service, persons of commanding and enlisted personnel of internal affairs bodies - from the day of dismissal from service, but not earlier than the day until which they were satisfied with monetary allowance, and to the families of these military personnel, persons of commanding and enlisted personnel and pensioners from among them - from the day of death of the breadwinner, but not earlier than the day until which he was paid monetary allowance or pension, except the following cases of granting them pensions with more than late dates:

to the specified military personnel, persons of command and rank and file, recognized as disabled after 3 months from the date of dismissal from service or as a result of an accident or illness that occurred after dismissal - from the day the disability was established, and sentenced to imprisonment - from the day of applying for a pension after being released from places of deprivation of liberty;

to family members of the said servicemen, persons in command and enlisted personnel and pensioners from among those who acquired the right to a pension after the death of the breadwinner from the day the right to a pension arose, and to parents or a spouse who acquired the right to a pension due to the loss of a source of livelihood from the day of applying for a pension.

The pension for the past time in case of untimely application is assigned from the day the right to a pension arises, but not more than 12 months before applying for a pension.

Article 54

When circumstances arise that entail a change in the amount of pensions assigned to conscripts and their families, these pensions are recalculated in accordance with the terms established by the USSR Law "On Pensions for Citizens in the USSR".

The recalculation of pensions assigned to officers, warrant officers, midshipmen and long-term servicemen, officers and rank and file of the internal affairs bodies and their families is made from the first day of the month following the month in which circumstances occurred that entailed a change in the amount of the pension. At the same time, if a pensioner has acquired the right to a pension increase, the difference in pension for the past time can be paid to him for no more than 12 months.

VII. Payment of pensions

Article 55. Bodies paying pensions

Pensioners from among military servicemen and members of their families are paid pensions by social security agencies at the place of actual residence of the pensioner, regardless of registration.

Pensioners from among officers, warrant officers, midshipmen and long-term military servicemen, commanding officers and rank and file of internal affairs bodies and members of their families are paid pensions by institutions of the Savings Bank of the USSR at the place of actual residence of the pensioner, regardless of registration, on the basis of relevant documents drawn up by the pension bodies of the USSR Ministry of Defense, the USSR Ministry of Internal Affairs and the USSR State Security Committee.

Article 56. Payment of pensions to pensioners in the presence of earnings or other income

Pensions assigned in accordance with this Law shall be paid in full, regardless of whether the pensioner has earnings or other income.

Article 57. Payment of a pension for the past

Pension amounts accrued to a pensioner from among military personnel, persons in command and rank and file of internal affairs bodies and members of their families and not claimed by him in a timely manner, are paid for the past time no more than 3 years before applying for a pension.

Pension amounts not received by the pensioner in a timely manner due to the fault of the body appointing or paid, for the past time without limitation by any period.

Article 58. Payment of pensions to pensioners living in boarding schools

Single pensioners from among military personnel, persons in command and rank and file of the internal affairs bodies living in boarding houses (boarding houses) for the elderly and disabled are paid the difference between the pension and the cost of abstinence in the boarding house (boarding house), but not less than 25 percent of the assigned pension and at least 20 percent of the minimum pension by age per month. If a pensioner living in a boarding house (boarding house) for the elderly and disabled has disabled family members who were dependent on him and belong to the circle of persons provided with a survivor's pension, the pension is payable in the following order: 25 percent of the pension, but not less than 20 percent of the minimum old-age pension, is paid to the pensioner himself, and the rest of the pension, but not more than 50 percent of the assigned amount - to the indicated members of his family.

Pensioners from family members of military personnel, persons in command and rank and file of internal affairs bodies during the period of residence in boarding houses (boarding houses) for the elderly and disabled are paid 10 percent of the assigned pension, but not less than 20 percent of the minimum age pension per month. In cases where the amount of their pension exceeds the cost of maintenance in a boarding house (boarding house), they are paid the difference between the pension and the cost of maintenance, but not less than 10 percent of the assigned pension and not less than 20 percent of the minimum old-age pension per month.

Article 59

During the stay of a pensioner on inpatient treatment (in a hospital, clinic, hospital and other medical institutions), as well as in a leper colony, the pension is paid in full.

Article 60. Suspension of payment of pension for the period of imprisonment

If a pensioner is deprived of liberty, the payment of the assigned pension is suspended for the duration of the deprivation of liberty.

Article 61. Deductions from pensions

Deductions from pensions assigned to military personnel, persons in command and rank and file of internal affairs bodies and their families are made in the manner established by the USSR Law "On Pensions for Citizens in the USSR". At the same time, the amounts of pensions overpaid to pensioners from among officers, warrant officers, midshipmen and long-term military servicemen, persons in command and rank and file of internal affairs bodies and members of their families due to abuse on their part, are withheld on the basis of decisions of the pension bodies of the USSR Ministry of Defense, the USSR Ministry of Internal Affairs and the USSR State Security Committee.

Article 62. Payment of a pension in the event of the death of a pensioner

The amounts of pension due to a pensioner from among military personnel, persons in command and rank and file of internal affairs bodies and members of their families and left unreceived in connection with his death are not included in the inheritance and are paid to those members of his family who belong to the circle of persons provided with a pension on the occasion of the loss of a breadwinner.

However, parents and spouse, as well as family members living together with the pensioner on the day of his death, are entitled to receive these amounts even if they are not included in the circle of persons provided with a survivor's pension.

When communicating with several family members, the amount of pension due to them is divided equally between them.

The amounts indicated above are paid if they were applied for no later than 6 months after the death of the pensioner.

In the event of the death of a pensioner, his family is paid a funeral allowance in the amount of two months' pension.

If the funeral of a pensioner was performed by persons who are not members of his family, the allowance is paid to them in an amount not exceeding the actually incurred funeral expenses within the specified amount of the allowance.

Article 63. Payment of pensions when traveling abroad

Military personnel, persons in command and rank and file of internal affairs bodies and members of their families who have left for permanent residence abroad are not granted a pension in the USSR.

Pensions granted to the said persons in the USSR prior to departure for permanent residence abroad are paid in the manner prescribed by the USSR Law "On Pensions for Citizens in the USSR".

VIII. The procedure for recalculating pensions

Article 64. Recalculation of previously assigned pensions

The recalculation of previously assigned pensions to military personnel, persons in command and rank and file of internal affairs bodies and their families in connection with the entry into force of this Law shall be carried out according to the documents available in the pension file by the time of recalculation. If the pensioner subsequently submits additional documents giving the right to a further increase in the pension, the recalculation is made for the past, but not more than 12 months from the date of submission of additional documents and not earlier than from the date of entry into force of this Law.

Article 65. Earnings taken into account when recalculating pensions

The recalculation of pensions assigned to conscripts and their families before the entry into force of this Law, at the choice of a pensioner, is made from the average monthly earnings for 5 years before the entry into force of the Law or before the assignment of a pension, or from the earnings from which the pension was previously calculated.

Article 66

Pensions calculated from earnings (monetary allowance) in accordance with Articles 14, 15, 23-26, 39 and 40 of this Law are increased annually, taking into account changes in the cost of living index and wage growth, in the manner determined by the Supreme Soviet of the USSR, but not less than 2 percent of the earnings (monetary allowance), from which the pension was calculated.

On the procedure for enacting the Law of the USSR "On the provision of pensions for military personnel"

Supreme Soviet of the USSR

decides:

1. Enact the Law of the USSR "On pensions for servicemen" * 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.
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* Hereinafter referred to as Law.

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 allowances, but not less than 5 rubles per month in cases of staying on pensions up to 5 years inclusive, by 10 rubles - from 5 to 10 years, by 15 rubles - from 10 to 15 years, by 20 rubles - from 15 to 20 years, for 30 rubles - from 20 to 25 years, for 40 rubles - from 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 of long-term service, to persons in command and rank and file of internal affairs bodies and their families before 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 according to 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 the 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 Resolution (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 resolution, 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 as a result of wounds, contusions and injuries associated with hostilities during the Great Patriotic War or their consequences, are increased by 15 percent of the minimum size of the old-age pension.

5. Preserve the procedure that was in effect before the entry into force of the Law:

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 Armed Forces of the USSR, 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 Ministry of Defense of the USSR, the Ministry of Internal Affairs of the USSR and the Committee for State Security of the USSR, 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, binding on 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.

On the procedure for enacting the Law of the USSR "On the provision of pensions for military personnel"

Document's name:	On the procedure for enacting the Law of the USSR "On the provision of pensions for military personnel" On the provision of pensions for military personnel (not applicable on the territory of the Russian Federation from 02/01/1993)
Document Number:	1467-1
Document type:	Law of the USSR Decree of the Supreme Soviet of the USSR
Host body:	Supreme Soviet of the USSR
Status:	Inactive
Published:	Izvestia, N 152, 05/31/1990 Gazette of the Supreme Soviet of the USSR, N 23, 1990, st. 414, 415
Acceptance date:	April 28, 1990
Effective start date:	January 01, 1991
Expiration date:	February 01, 1993