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Is the last year before the appointment of a pension important? Before retirement

Does the salary of recent years affect the size of the pension?

    When a pension is calculated, the wages are taken into account until the thirty-first of December, two thousand and one. Here they take either five years (sixty months) in a row, or the last two years (2000-2001). They look at these two options and take into account the most beneficial for the pensioner. From January 1, 2002, they began to take into account a personal account with insurance premiums (taking into account all indexations). At the same time, of course, the so-called survival period, of course, depends a lot on the length of service and on the number and age of children. And besides that, a lot more. But the most important thing is to have high official wages. At the same time, more is received on the personal account, respectively, and the pension is higher in this case.

    If you give to the pension fund for registration of a pension exactly the wages for recent years, then it affects, since the amount of the pension is calculated not only from the length of service, but also from the size of the salary.

    You can give your salary data for those years of work where your salary was the highest of all.

    For example, you worked for 10 years in a company where you received 20,000 rubles, and then quit and worked in an organization where you received 10,000 rubles until retirement. This will not affect your pension if you give data to the pension fund from the job where you received 20,000 rubles / month.

    But if, apart from your last place of work, you didn’t have an uninterrupted experience of more than 5 years anywhere else, then they will take data from the last place of work.

    At present, the salary in recent years does indeed affect the size of the pension. But no one can say if it will be kept in the future. The pension system is constantly undergoing changes. For example, the latest innovation is the freezing of the funded part of the pension. And what will be more innovations, who knows.

    After pension reform people have more and more questions about the formation and calculation of their pensions. Including this question about the impact of the last years of work on the size of the pension is relevant. Yes, it does. To calculate a pension, you can take the last 2 years of work, or any 5 years of work in one place, a person can choose for himself which years he should take into account. The last years of work are the same length of service, it is the same salary and tax payment, and the pension depends on the length of service and wages, so there are doubts about the impact of the last years of work on future pension does not occur.

    Of course, wages will affect the size of the pension, especially in recent years, the higher the wage, the higher the pension will be.

    The length of service also affects the size of the pension, the longer the length of service, the longer the insurance period will be, for each year a working pensioner will be charged a pension coefficient.

    If a person applied to the pension fund for the appointment of a pension later than the usual appointed retirement age, then the pension will be increased for each year, i.e. The later you retire, the better.

    The seniority for the appointment of a pension also includes military service, caring for a child, caring for a disabled child, caring for a person over 80 years old.

    The new pension formula comes into effect from 2015, for those who start to retire in 2015 and for those who start their labor activity.

1. I am retired, attached to the polyclinic of the Ministry of Internal Affairs. Now I was told that I was being transferred to another polyclinic. Yes, and it is not even in the area where I am registered. Question: is this legal and do I have the right to be (remain) attached to the polyclinic of the Ministry of Internal Affairs and some other, of my choice ...

1.1. Hello! In accordance with the Rules for the medical support of police officers, certain categories of citizens ..., approved. By Decree of the Government of the Russian Federation of December 15, 2018 No. 1563, pensioners of the Ministry of Internal Affairs, with a length of service of 20 years or more, both in calendar and preferential terms, and dismissed on so-called positive grounds, are attached to medical care organizations of the Ministry of Internal Affairs system. Your question does not indicate which clinic they are referring to, whether it is departmental, or the reason for such a decision. You should clarify the reasons for the transfer directly to the IFL.

2. The situation is this, there is a debt to banks. The bailiff collects the debt from the pension through the pension fund. That is, 50% of the pension comes to the savings bank that transfers the pension. In addition, one of the creditor banks, bypassing the court. bailiffs, independently sent a writ of execution to the Savings Bank (to which the pension comes) (based on a partnership agreement), which in turn charges another 50% of the account balance. Thus, 75% is deducted from the pension. When negotiating with the Savings Bank, the bank refers to the executive document despite the violation of the law "on enforcement proceedings"
Tell me how to fix the situation. And what steps should be taken to avoid such a problem?
Thank you in advance.

2.1. Hello, in my opinion it is easier for you to negotiate with the bailiffs to reduce the deduction by informing them of the second executive document.

2.2. Good afternoon, you have the right to apply to the court with an application to reduce the amount of deductions on the writ of execution.


3. I have debts to banks and the bailiffs withhold from my pension, leaving the living wage, and the bank withholds in favor of the collection agency from the rest of the pension.

3.1. The creditor has the right to present a writ of execution both to the bank and to the bailiffs - this is legal.

4. If I have a debt to the bailiffs, can they deduct money from the disability pension from the card if I have no other income?

4.1. Yes, they can withhold, but not more than 50%.

4.2. Hello!
Firstly, your debt is most likely not to the bailiffs, but to the collector of this debt, and the bailiff, on the basis of Article 30 of the Federal Law No. benefit of the claimant.
Secondly, up to 50% of the debt can be deducted from your pension every month, and according to paragraph 4 of Article 99 of Federal Law No. 229-FZ, the entire pension can be written off from your bank card if you do nothing to protect your financial interests.
Article 99
1. The amount of deduction from the salary and other income of the debtor, including from the remuneration of the authors of the results of intellectual activity, is calculated from the amount remaining after the withholding of taxes.
2. When executing a writ of execution (several writ of execution), no more than fifty percent of wages and other incomes may be withheld from a debtor-citizen. Withholdings are made until the full execution of the requirements contained in the executive document.
3. The limitation on the amount of deductions from the wages and other incomes of a debtor-citizen, established by part 2 of this article, shall not apply when collecting alimony for minor children, compensating for harm caused to health, compensating for harm in connection with the death of a breadwinner and compensating for damage caused by a crime. In these cases, the amount of deduction from the salary and other income of the debtor-citizen may not exceed seventy percent.
4. Limitations on the amount of deductions from wages and other incomes of a debtor-citizen, established by parts 1 - 3 of this article, do not apply when foreclosing money on the accounts of the debtor, to which the employer credits wages, with the exception of the amount of the last periodic payment.
What can be done if the bailiff has arrested a bank account, you can read my detailed article on my page in the "My Publications" section and leave your feedback there.
Good luck to you.

5. If I have a debt to the bailiffs, can they deduct money from the disability pension from the card if I have no other income?

5.1. Hello yes they have the right to calculate from the card! But you can write an application for a reduction in deductions, go to your bailiff.

5.2. Yes, he has the right
Article 101 "On Enforcement Proceedings"
Collection cannot be applied to the following types of income:
9) insurance coverage for compulsory social insurance, except for old-age insurance pension, disability insurance pension(taking into account the fixed payment to the insurance pension, increases in the fixed payment to the insurance pension), as well as funded pension, urgent pension payment and temporary disability benefit;

6. Inv 3 gr arrest of pension on inv court bailiff and debt to the bank.

6.1. And what is the question? If the pension is not social, but labor or insurance, then everything is legal.

7. What right do the bailiffs have to withhold from my pension 75 percent of the debt to the bank if the account is a pension one.

7.1. Hello! Perhaps the bailiff does not know that the debtor receives a pension on this account. Then you need to provide the bailiff with a certificate.

75% may be withheld if it is the recovery of alimony for minor children, compensation for harm caused to health, compensation for harm due to the death of the breadwinner and compensation for damage caused by a crime. In these cases, the amount of deduction from the salary and other income of the debtor-citizen may not exceed seventy percent.

7.2. You need to appeal the actions of the bailiff. Such actions are illegal, unless your debts are related to alimony. Be sure to provide a document that the account is a pension. In the same time:

Code of Civil Procedure of the Russian Federation Article 446. Property that cannot be levied on executive documents

Food and money for a total amount not less than the established amount living wage the citizen-debtor himself and the persons who are dependent on him

8. Does the bank have a savings bank to write off a military pension if the bank still has a debt.

8.1. Hello! You can make it so that it will not write off.

8.2. It has, since you yourself gave such consent: when signing the loan agreement, you agreed that the deduction of the missing amount would be made from any bank account.

9. Can a child with a disability be deducted from the pension for debts to Avon 6 years ago?

9.1. Deductions cannot be made from a child's pension.

Article 101. Types of income that cannot be levied

1. Foreclosure cannot be levied on the following types of income:
1) amounts of money paid in compensation for harm caused to health;
2) amounts of money paid in compensation for harm in connection with the death of the breadwinner;
3) sums of money paid to persons who have received injuries (wounds, injuries, concussions) in the performance of their official duties, and to members of their families in the event of death (death) of these persons;
4) compensation payments at the expense of the federal budget, the budgets of the subjects Russian Federation and local budgets to citizens affected by radiation or man-made disasters;
5) compensation payments at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets to citizens in connection with the care of disabled citizens;
6) monthly cash payments and (or) annual cash payments accrued in accordance with the legislation of the Russian Federation to certain categories of citizens (compensation for travel, purchase of medicines, etc.);
7) amounts of money paid as alimony, as well as amounts paid for the maintenance of minor children during the search for their parents;
8) compensation payments established by the legislation of the Russian Federation on labor:
a) in connection with a business trip, with transfer, admission or assignment to work in another locality;
b) in connection with the wear of the tool belonging to the employee;
c) amounts of money paid by the organization in connection with the birth of a child, with the death of relatives, with the registration of marriage;
9) insurance coverage for compulsory social insurance, with the exception of the old-age insurance pension, disability insurance pension (taking into account the fixed payment to the insurance pension, increases in the fixed payment to the insurance pension), as well as funded pension, urgent pension payment and temporary disability benefit;
(as amended by Federal Law No. 216-FZ of July 21, 2014)
(see text in previous edition)
10) survivor's pensions paid out of the federal budget;
11) payments to pensions in case of loss of a breadwinner at the expense of the budgets of the constituent entities of the Russian Federation;
12) allowances to citizens with children, paid at the expense of the federal budget, state off-budget funds, budgets of constituent entities of the Russian Federation and local budgets;
13) maternity (family) capital funds provided for by Federal Law No. 256-FZ of December 29, 2006 "On Additional Measures of State Support for Families with Children";
14) the amount of one-time material assistance paid at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets, off-budget funds, at the expense of foreign countries, Russian, foreign and interstate organizations, other sources:
a) in connection with a natural disaster or other emergency;
b) in connection with a terrorist act;
c) in connection with the death of a family member;
d) in the form of humanitarian aid;
e) for rendering assistance in the detection, prevention, suppression and disclosure of terrorist acts and other crimes;
15) the amount of full or partial compensation for the cost of vouchers, with the exception of travel, paid by employers to their employees and (or) members of their families, disabled people who do not work in this organization, to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation, as well as the amount of full or partial compensation for the cost of vouchers for children under the age of sixteen years, to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation;
16) the amount of compensation for the cost of travel to the place of treatment and back (including the accompanying person), if such compensation is provided for by federal law;
17) social benefit for burial.
ConsultantPlus: note.
From 06/01/2020, part 1, art. 101 is supplemented by clause 18 (FZ of February 21, 2019 N 12-FZ).
2. For maintenance obligations in respect of minor children, as well as for obligations to compensate for harm in connection with the death of the breadwinner, the restrictions on foreclosure established by clauses 1 and 4 of part 1 of this article shall not apply.

10. Is it possible to send a grandmother on maternity leave before retirement? And if mom works as a "self-employed"?

10.1. --- Hello, dear site visitor! Not sure if you can do it.
Good luck and all the best, with respect lawyer Ligostaeva A.V.

11. If the sister died on 10/31/18 before her pension and the pension on 11/03/2018 I called the pension fund and said that my sister died it was necessary to recalculate pensions on 11/03/2018 I was told yes and I asked if it was possible to receive or how to receive a pension I was told that the power of attorney was made through the mail when my sister was alive and she made a power of attorney for me, and that I was told that you can wait 1 year or 1.5 years and you will get it right. And I received a pension by proxy on 11/03/2018, now the pension fund reads that I stole this money, I read that I did everything according to the law.

11.1. Good afternoon, Vladimir, your sister's pension for November was no longer due, and you will need to return it to the Pension Fund. (Clause 3 of Article 26 of the Federal Law No. 400-FZ).

12. The husband received a letter from the Pension Fund about the need to submit documents in advance before retiring (born June 29, 1959). All documents were collected and transferred to the Pension Fund at the place of registration, it remains only to write an application for a pension and submit it in November 2019. For family reasons, we are moving to another region. Should we re-submit all documents to the Pension Fund or wait until November and change the registration at the place of residence after submitting the application?

12.1. You need to apply for the transfer of the pension case to the new place of residence.

13. On March 29, he wrote a letter of resignation under clause 4, part 2, article 84 (on the basis of seniority, retirement). Handed over officially through the secretary with the date and her signature. On April 2, a decision was made to dismiss me under clause 14, part 2, article 84 (violation of the terms of the contract). In the report on retirement, I indicated the date of dismissal on leaving the vacation on May 10th. On what basis will I still be fired?

13.1. Hello! You should be fired for seniority.

13.2. You did everything right that you registered everything through the secretariat. I would also recommend that you make a copy of the report, where there is a request on the merits of the report from your immediate superior, and issue it as a copy in the secretariat journal. This is necessary so that you have evidence in case you are fired under another article and you can prove your case in court.

13.3. Ivan! From your question it definitely does not follow what kind of dismissal due to seniority in question! If you are a serviceman, and in your question you use military terminology, such as "report", "failure to fulfill the terms of the contract", then in this case the Labor Code of the Russian Federation does not apply to you.
Relations in the field of military law are regulated by the Federal Law of March 28, 1998 N 53-FZ (as amended on July 26, 2017) "On military duty and military service", as well as the Decree of the President of the Russian Federation of September 16, 1999 N 1237
"Issues of military service".
If you were not brought to disciplinary responsibility before writing the dismissal report, then, according to part 1 of Article 51 of the Federal Law of March 28, 1998 N 53-FZ (Grounds for dismissal from military service), you could be dismissed, for example,

A) by age - upon reaching the age limit for military service;
b) upon expiration of the period of military service by conscription or the term of the contract;

If, however, the grounds for early dismissal from military service are applied to you, according to clause B, part 2, art. 51) due to your failure to fulfill the terms of the contract, this means that you have repeatedly been brought to disciplinary responsibility by the command or have committed a gross disciplinary offense. In any case, for each fact of bringing you to responsibility, you were obliged to familiarize yourself with the materials of the proceedings, to offer to write explanations. If the command did not take such actions and did not familiarize you with such materials and you are not even aware of your disciplinary practice, then you should immediately apply to the garrison military court with an appeal against the order to dismiss from military service ahead of schedule. Deadline for filing an administrative statement of claim to the garrison military - 3 months from the moment you became aware of the violation of your rights (from the moment you got acquainted with the order for dismissal and exclusion from the lists of personnel of the military unit against signature).
The report is about dismissal, not retirement. Application for the establishment of military pension submitted to the authority that assigns such a pension. The commander of the military unit is not authorized to accept such applications, he only coordinates your length of service with the regional military registration and enlistment office.

14. I received a medal for the Order of Merit for the Fatherland, II degree. My pension today is 17 thousand rubles. What will be the pension after the submission of documents on the award to the Pension Fund.?

14.1. Citizens awarded the Order of Lenin, citizens awarded the Order "For Services to the Fatherland" II degree, citizens awarded the Order "For Services to the Fatherland" III and IV degrees, laureates of the Lenin Prize, laureates of state prizes of the USSR and laureates of state prizes of the Russian Federation (RSFSR) - 330 percent of the amount of the social pension specified in subparagraph 1 clause 1 of Article 18 of the Federal Law "On State Pension Provision in the Russian Federation";
you need to apply to the Pension Fund.

15. Please tell me how long it takes for the bailiffs to transfer the debt for deduction from the pension.

15.1. Hello Svetlana
The creditor, at his discretion, transfers the writ of execution to enforcement to the judiciary. Within the framework of the law, the bailiff-performer, within two months, is obliged to take specific actions to collect the court debt.

16. I have debts to the FBS (2 enforcement proceedings), I am a pensioner, the minimum wage and I also found out that my apartment was seized and small children were registered in it, is it possible to somehow remove the arrest from housing whether they did it all legally. P.S. They deduct 50% from my pension

16.1. Hello! Everything you listed is correct. The arrest assumes that you cannot dispose of this residential premises, sell, donate, change, but they cannot deprive you of it.
If after the deduction from the pension remains less than the subsistence level, you can apply to the bailiff to reduce the amount of deductions.

16.2. There must also be grounds for the removal of the arrest.

16.3. Marina, hello.
In order to be released, the debt must be paid. The presence of registered children does not affect the situation in any way.
One of our clients solved her problem with the seizure of an apartment due to debts with the help of bankruptcy. As a result of bankruptcy, the debts were written off, and the arrest was removed. But the apartment was the only housing and was not the subject of a mortgage.


17. Before retirement, according to the schedule, I go on vacation. Vacation ends on the 21st, and retirement falls on the 23rd. I can not find a "way out" in this situation, so as not to go to work anymore. Thank you.

Good afternoon. Before retirement, according to the schedule, I go on vacation and immediately expected to retire on the 23rd, but the vacation ends on the 21st. I can not find a "way out" of the situation. Thank you.

17.1. Hello! You can ask for leave with subsequent dismissal, but the start of the vacation is not from the 21st, but from the 23rd. In this case, the last day of vacation will be the day of dismissal, as you need. Such an option for using leave is provided for in Art. 127 of the Labor Code of the Russian Federation.

18. A child (aged 14) receives a survivor's pension. Does the guardian report to the body of guardianship and guardianship only for this money, or also plus the guardian's money as well? And another important question: why in the report does the guardian attribute money for the child's food, is this correct? Half of the due amount is missing on the nominal account, the guardian assures that "everything is fine" in the report. For six months the child was with the guardian, the child did not buy anything from clothes, except for socks, shorts, slippers, phones, tablets were not purchased, there were no paid courses, sections, etc. Everything is just small things. IF ANYTHING IS NOT PURCHASED, WHY IS THE NOMINAL ACCOUNT EMPTY? EVERYTHING WENT TO FOOD?
I am the mother of a girl, I have restored my parental rights.
In addition to an empty account, there are many more claims against the guardian (including the severe hospitalization of a child in a mental hospital with a diagnosis of "social conduct disorder", a diagnosis with which they are not put in the PND, this is work for the family and school), but this is not now.
Dear lawyers! A huge request to answer in such a way that it is as clear as possible to an ordinary person.

18.1. Hello! According to the Federal Law of April 24, 2008 N 48-FZ (as amended on August 3, 2018) "On guardianship and guardianship" Article 25. Report of a guardian or trustee
1. The guardian or custodian annually no later than February 1 of the current year, unless another period is established by the agreement on the implementation of guardianship or guardianship, shall submit to the body of guardianship and guardianship a report in writing for the previous year on the storage, use of the property of the ward and on the management of the property of the ward.
2. The report of the guardian or custodian must contain information on the state of the property and the place of its storage, the acquisition of property in exchange for the alienated one, the income received from the management of the property of the ward, and the expenses incurred at the expense of the property of the ward, including information on spending the amounts credited to a separate nominal account opened by the guardian or custodian in accordance with paragraph 1 of Article 37 of the Civil Code of the Russian Federation. Documents (copies of sales receipts, receipts for payment of taxes, insurance amounts and other payment documents) confirming the specified information are attached to the report of the guardian or trustee, with the exception of information about the expenses incurred at the expense of the ward for food, basic necessities and other small household needs. A guardian who is a parent of an incapacitated citizen who has been disabled since childhood, cohabiting with such a citizen and raising him from birth until he reaches the age of eighteen years, or an adoptive parent of such a citizen, cohabiting with him and raising him from the moment of adoption and until he reaches the age of eighteen years, has the right not to include in the report information on the expenditure by this guardian of the amounts credited to a separate nominal account opened by the guardian. The guardianship and trusteeship body, upon detection of improper performance by this guardian of the duties of protecting the property of the ward and managing the property of the ward, has the right to demand from this guardian to provide a report on the storage, use of the property of the ward and on the management of the property of the ward for previous periods, containing information on the expenditure by this guardian of the amounts credited to a separate nominal account opened by the guardian.
3. The report of the guardian or trustee is approved by the head of the guardianship and guardianship body.
4. Upon approval of the report of the guardian or custodian, the body of guardianship and guardianship excludes from the inventory of the property of the ward the things that have become unusable and makes appropriate changes to the inventory of the property of the ward.
5. The report of the guardian or custodian shall be kept in the personal file of the ward. The rules for maintaining the personal files of wards, the form of the report of the guardian or trustee are established by the Government of the Russian Federation.
Here everything is written as is strictly according to the law.

19. Is the pension inheritable? If yes, where and how to apply?

19.1. Contact the PFR with an application.

20. I don’t have the right to a tax deduction - I didn’t work for 3 years before retirement. But in 2018, she sold a house taxed at 13%. In the same period, she bought an apartment. If I pay 13% personal income tax on income when selling a house, then I am entitled to a tax deduction when buying an apartment? is reciprocity possible? The declaration must be submitted this year. Thank you.

20.1. Good afternoon. Offsetting is not provided for by law, you must first pay personal income tax and then submit a declaration and an application for a deduction.

20.2. Hello! In this case, you are entitled to a tax deduction upon sale and, accordingly, upon purchase, and if it is in the same tax period, then you can really make an offset. Good luck to you and all the best.

21. Monthly for the second year, 50% of the Spanish pension is deducted from the pension. sheet in payment of the debt to the OTR bank, the amount of the debt was 284 thousand. Now the bank sent an SMS, I have a hundred debts of more than 330 thousand. How to figure it out?

21.1. The contract was not terminated in court and interest is charged.


22. I have debts to banks. The pension is below the living wage. I brought the bailiff a certificate of the amount of my pension. But the bailiff requested a certificate of his son's salary, since he lives with me. Is the bailiff's request legal?

22.1. No!
The son is not a party to the obligation = Article 307 of the Civil Code of the Russian Federation and, accordingly, enforcement proceedings.

22.2. Hello, the bailiff's request is illegal! I understand that enforcement proceedings have been initiated against you, you are a debtor! Your son is not a party to enforcement proceedings, therefore the actions of the bailiff are unreasonable
Art. 50 of the Federal Law "On Enforcement Proceedings" rights and obligations strron.

22.3. If the debt is recovered jointly and severally from you and your son, then a separate individual entrepreneur is initiated in relation to each debtor. The bailiff's demands are illegal. Submit a written complaint against the bailiff to his supervisor.

23. Does reprimand before retirement affect the payment of salaries for retirement.

23.1. The labor legislation does not directly provide for such payments to the employee (in connection with retirement). It all depends on the specific organization that can provide for this.

24. I agreed to transfer funded pensions to the Eastern Bank. And now I want to give it up. What to do?

24.1. Write a reasoned disclaimer.

24.2. Good afternoon

Pension savings funds for the formation of a funded pension can be accounted for either in the Pension Fund of the Russian Federation (PFR) or in a non-state pension fund (NPF).
Initially, for all insured persons, these funds are accounted for in the FIU.
Vostochny Bank is a partner of a non-state pension fund.
You should familiarize yourself with the documents that you executed in the Eastern Bank. There must be an agreement on compulsory pension insurance with the NPF.
In order for the funds of pension savings for the formation of a funded pension to remain in the Pension Fund of the Russian Federation, you should write a corresponding application to the Pension Fund of the Russian Federation. Explain the situation to the FIU staff and fill out an application of the established form.

25. Can a pensioner be taken away from a non-working pensioner for debts to banks?

25.1. Yes, but not more than 50%.

25.2. Dear site visitor! They can on the basis of Article 99 of the Law "On Enforcement Proceedings", but not more than 50%.

25.3. The bailiff is obliged to foreclose on the debtor's income, and the pension is income, Article 99 of the Federal Law "On Enforcement Proceedings".

26. I am a debtor to the bailiffs, I have a disabled child, I receive a pension for him on a nominal account, can the bailiffs arrest him? Thank you in advance.

26.1. No, they can't, but they need to bring a certificate about what kind of account it is.

27. If I have a salary and a pension, the bailiffs threaten if I do not pay the entire amount of the debt to the bank, they will come to describe the property. Can they? Or do I need to go to them and ask them to write off their salary and pensions.

27.1. Hello.
If enforcement proceedings are initiated, the bailiffs can seize the property.
I advise you to apply to the court that issued the decision and ask for an installment payment of the debt and then the bailiffs will not be able to seize the property ..

28. When calculating the insurance PFR pensions the period of study at the university 19879-84 was not accepted, although before entering I worked at the DRSU, which is recorded in the work book.

28.1. Good afternoon, Yuri!

According to the current pension legislation, the period of study is not included in the length of service required to establish a pension.

Since 2002, with the entry into force of the law of the Russian Federation “On labor pensions in the Russian Federation” dated December 17, 2001 No. 173-FZ, the previously used concept of “work experience” was replaced by the concept of “insurance experience”. Studies were not included in the number of periods forming the insurance period (Articles 10 and 11 No. 173-FZ).

However, there is one feature according to which, when calculating insurance experience in order to calculate the amount of the insurance pension, periods of work or other activities carried out before the entry into force of Law No. 400-FZ "On Insurance Pensions" may be included in the length of service, provided that at the time of such activity they were taken into account when calculating the length of service in accordance with the legislation in force at that time (Part 8, Article 13 of Law No. 400-FZ). For example, the Regulation on the order of appointment and payment state pensions, approved by the Decree of the Council of Ministers of the USSR dated 03.08.1972 No. 590 (now inactive), contained the following rule: training in higher educational institutions, secondary specialized educational institutions (technical schools, pedagogical and medical schools and other institutions), party schools, Soviet party schools, schools of the trade union movement, and workers' faculties; stay in graduate school, doctoral studies and clinical residency (clause 109 of resolution No. 590). Accordingly, persons who studied during the period of this decision may take this length of service into account when calculating the length of service for calculating a pension.

Good luck and all the best!

29. The bailiffs are withdrawing from me (from my pension) on account of my debt to the Savings Bank. But some imagine calling and demanding more money, since it’s not enough for them that the bailiffs are filming. What should I do. They call every day.

29.1. Nothing to do.

For there is judicial act and enforcement proceedings, according to which the debt is paid off.

You are not obliged to conduct any conversations and negotiations on this issue with anyone other than the bailiff who is conducting your case.

29.2. You can change the SIM card, say you record all conversations and contact the police in defense of your rights, their actions are not legal.

30. I have a question of this nature
Mom is retiring soon
Before all this, I looked at the data on labor activity and extracts from pfrf
I found out that when my mother worked at the factory, it was before 2002 there was no data on wages, since this factory had already collapsed, and all documents were destroyed by accountants, based on this, they will be appointed minimum pension
Tell me how you can confirm your salary for 5 years at this factory (is there an entry in the labor?

30.1. Letter of the Ministry of Labor of the Russian Federation N 8389-YUL, PF RF N LCH-06-27 / 9704 dated 11/27/2001
On some issues of determining the average monthly earnings for the establishment of pensions in cases of loss by employers of primary documents on the earnings of employees

In connection with the increasing number of applications from citizens and bodies that carry out pension provision, on the issue of determining the average monthly earnings for the establishment of pensions in cases of loss by employers of primary documents on the earnings of employees Ministry of Labor and social development The Russian Federation and the Pension Fund of the Russian Federation recommend that the work be organized in the following way to implement the right of these citizens to calculate a pension from the wages received for their labor activity.

For the purpose of a comprehensive and objective consideration of each case of loss in state and municipal bodies and organizations located on the territory of the Russian Federation, primary documents on the earnings of employees of these bodies and organizations, it is advisable to carry out this consideration on a commission basis with the involvement of representatives of the executive authorities of the constituent entities of the Russian Federation, local governments, employers, trade union bodies, labor bodies and territorial bodies pension fund Russian Federation.

The results of this review are recommended to be formalized in an appropriate act reflecting the fact of an event that resulted in the loss of documents on the earnings of employees this enterprise, as well as the fact that there is no information about the earnings of specific employees in the data of individual (personalized) records.

In the event that it is established that the employee has suffered damage, expressed in the impossibility of assigning or recalculating a pension from the most advantageous variant of the average monthly earnings, and this damage is subject to compensation by a person who, by virtue of his official duties, must be liable for the obligations arising from the infliction of harm, in the manner established by the legislation on civil proceedings, it is necessary to give appropriate recommendations to the affected persons about applying to the court.

The bodies of the Pension Fund of the Russian Federation provide the injured employee with assistance in filing claims against the tortfeasor.

If it is impossible to determine the cause of harm, in particular in cases of floods, earthquakes, hurricanes, the bodies providing pensions may accept for production documents indirectly confirming the actual earnings of the employee at this particular enterprise.

Such documents may include registration cards of party members and party tickets, registration cards of trade union members and trade union tickets, registration cards of Komsomol members and Komsomol tickets, pay books (pay slips) that are drawn up in accordance with the requirements for the execution of primary accounting documents for wages, orders and other documents from which one can draw a conclusion about the individual nature of the employee's earnings.

Copies of all these documents, certified by the bodies providing pensions, or notarized, should be attached to the pension file.

Accounting for pension cases of citizens whose pensions are established using this letter is carried out by the territorial bodies of the Pension Fund of the Russian Federation in a special order, which will be brought additionally.First Deputy
Minister of Labor and Social Development
Russian Federation
Yu.Z.LUBLIN

Vice-chairman
Board of the Pension Fund
Russian Federation
L.I.CHIZHIK

31. Medal of the Order of the 2nd Class For Merit to the Fatherland, what is the increase in the old-age pension?

31.1. This award does not give any increase to the pension, only the right to receive the title of Veteran of Labor.

32. Can I start paying off my bank debt from my disability pension?

32.1. Hello. Disability pension is not included in the list of income not subject to seizure.
As a result, the pension may be seized. They will charge 50%, but you can apply for a reduction in the amount of charges.

32.2. The bailiff is obliged to withhold the debt for enforcement proceedings from the pension.

33. I am the only member of the household. I am 62 and retired. How can I pass KFH to my son. I have an IP.

33.1. The fact that you are the only member of the KFH, you got excited By definition, members of the KFH are family members, so you don’t need to transfer anything to anyone Replace the signature sample in the bank and make changes to the registration documents in the tax office ..

34. I am a non-working pensioner, I am 60 years old and receive a pension of 8600. For the debt to the bank, 50 percent is calculated in my hands, nothing remains. Is it right to calculate just such a percentage to live on nothing and pay for an apartment with nothing. There is no work in the village, not only for my age, but also for young people. Is it possible to change something in my case?

34.1. Irina, please contact the bailiff or the court to reduce the size of the withholding debt, provide evidence.

35. How much interest can be withheld from a pension on a debt to the bank if they already withhold 25 percent of the alimony.

35.1. Good afternoon, according to the judgment. The amount of total deductions can be up to 70%, taking into account (including) maintenance obligations.

35.2. Up to 50% of the pension or 1/4 alimony, and the rest is a pension, only 50%, as indicated by the bailiff in his Resolution.

36. Is studying at a technical school in Soviet times included in the length of service for calculating a pension if there was already a year of work experience and a year of experience before entering?

36.1. Good afternoon, Vladimir Nikolaevich, according to the current legislation, studies in the length of service are not taken into account (Article 11-12 of the Federal Law No. 400-FZ).

37. I am a pensioner, I have a debt to the bank, bailiffs deduct 50% from my pension, and before the New Year they deducted 75% and do not want to return the excuse, we did not know that this was your pension account in the bank. And I don’t have any more bank accounts, and I don’t have any other than a pension.

37.1. Appeal the illegal actions of bailiffs to the prosecutor's office.

37.2. Write a statement to the head of the bailiffs of the area about the illegal actions of a particular bailiff, attach an extract from the pension fund, then contact the prosecutor's office.

37.3. To the court according to the rules of the CAS of the Russian Federation on the actions of the bailiff, to the TFR (Investigative Committee) a statement on the involvement of a bailiff under Article 293 of the Criminal Code of the Russian Federation.

38. They seized 1/2 share of the apartment, a debt to the bailiffs of 200 thousand, I pay 50 percent daily from a pension, whether the bailiff legally ruled to ban the registration actions of my only apartment. Is it possible to appeal.

38.1. Legal. Arrest and foreclosure are two different things! Arrest is also an interim measure (for every firefighter and for your intimidation)! SPI's actions are legal.

38.2. The bailiff's actions are absolutely legal. The ban on registration actions does not entail the sale of the apartment at the auction.

38.3. We reduce the debt to 2999.99 rubles. and the bailiff is obliged to remove the ban:
Article 80
1.1. Seizure of the debtor's property under an enforcement document containing a claim for recovery Money, with the exception of the seizure of funds, the seizure of pledged property subject to collection in favor of the pledgee, and the seizure of property under an executive document containing a requirement to seize, is not allowed if the amount of recovery in enforcement proceedings does not exceed 3,000 rubles.

39. He retired in 2017 with a maritime service of 56 years. Gained the required 12.5 years. Before retiring, I collected data on earnings for a preferential pension for the 80-90s. PF said that pension payments will be produced for any 5 years in a row from the Soviet period of work. And now payments are made based on savings from 2002 to 2017. Is it correct?

39.1. Hello.

No, not right.

40. I paid the debt to Alfa Bank through bailiffs. 50% deducted from pension. The share in the apartment was arrested. And now the bailiffs have closed the proceedings under 46.h 1.p 4. What should I do now? Will the encumbrance from the share in the apartment be removed? Will they give me a document on the closure of production? Will I receive a full pension?

40.1. You should apply to the bailiff with an application to remove the arrest from the share of your apartment, and also require a certificate of closing the enforcement proceedings.

40.2. Natalya, the bailiff has stopped the enforcement proceedings, you need to apply to the bailiffs for an application to remove the encumbrance from the apartment. The bailiffs are required to issue you a decision to terminate the enforcement proceedings. After the termination of enforcement proceedings, you will receive a pension in full.
Strength
Federal Law "On Enforcement Proceedings" dated 02.10.2007 N 229-FZ.

41. Is it included in the length of service for the appointment of a pension maternity leave 09/16/92 to 08/18/94. But before him was preceded by the post of pioneer leader.

41.1. The length of service includes all the time when the place of work is maintained.

42. I have a question, I buried my mother last year 2017, before the new year on December 31, and she was given a pension on December 27 for January of the next year, that is, for 2018, she was already very ill at that time, I was on my mother’s pension because a notary contract was signed for me to receive a pension, I bought injections, diapers, pills, everything that our district doctor prescribed, and now after a year, the pension fund demands to return that same pension in the amount of 12,400 rubles, and I spent it on the funeral, and on January 14, 2019, there will be a court, I myself am retired and do not work, please explain to me my rights, thank you.

42.1. Well, the situation. Unfortunately, most likely this amount will be collected from you as from the heir.

42.2. Prepare a response to the claim, in which you state your legal position regarding the claims and file a response at the court session. Where you spent the money has no legal significance. To write a review, it is better to contact any lawyer in private messages.

42.3. Good afternoon Sergey, your position in court should be such that the decision to issue a pension for January in December was made by the pension fund,
not you, and of course you spent it and are not required to return it.

43. Before retirement, I have the right to undergo retraining in the civilian profession at the expense of the Moscow Region. At the place of service, they cannot provide me with training. Why should I rent housing in another city at my own expense during the period of study. And why am I denied travel allowance.

43.1. Clause 4 of Chapter 2 of the Order of the Minister of Defense of the Russian Federation of October 21, 2015 N 630 "On the procedure and conditions for professional retraining in one of the civilian specialties of certain categories of military personnel - citizens of the Russian Federation, undergoing military service 4. Servicemen who have expressed a desire to undergo professional retraining submit a report to the commanders (chiefs) of military units: - dismissed from military service upon reaching the age limit for military service or after the expiration of military service - not earlier than a year before the age limit for military service or the expiration of the contract, taking into account the terms that ensure their direction for professional retraining during military service; dismissed from military service for health reasons - if there is a conclusion of the military medical commission on recognizing them as unfit (limitedly fit) for military service; dismissed from military service in connection with organizational and regular activities - not earlier than the decision of the relevant officials of the Ministry of Defense of the Russian Federation on holding organizational and regular activities
So you need to submit a report, no one can refuse you both in PROVISION of housing and in retraining.

43.2. You can pass. They should provide you with this opportunity. If elsewhere, then pay the costs. Based on Articles 49 and 53 of the Federal Law "On Military Duty and Military Service"

43.3. If you are included in retraining, then unfortunately you are not required to pay for accommodation in another city during the training period. Federal Law No. 76-FZ of May 27, 1998 (as amended of April 3, 2017) “On the Status of Military Personnel” Article 19. The right to education and rights in the field of culture the age of military service, the expiration of military service, the state of health or in connection with organizational and staff measures, have the right to undergo professional retraining in one of the civilian specialties without charging them tuition fees and while maintaining the provision of all types of allowances in the manner and under the conditions that are determined by the Ministry of Defense of the Russian Federation (other federal executive body and federal state body in which military service is provided for by federal law), lasting up to four months. In the event of the dismissal of these servicemen from military service during the period of training, they have the right to complete their studies free of charge.

43.4. The procedure for retraining is explained in the order of the Minister of Defense of the Russian Federation of October 21, 2015 N 630 ON THE PROCEDURE AND CONDITIONS OF PROFESSIONAL RETRAINING FOR ONE OF THE CIVIL SPECIALTIES OF CERTAIN CATEGORIES OF MILITARY SERVICE - CITIZENS OF THE RUSSIAN FEDERATION PASSING IN 1. Professional retraining in one of the civilian specialties of certain categories of military personnel - citizens of the Russian Federation who are serving under a contract (hereinafter referred to as professional retraining, military personnel, respectively), is carried out by a military educational organization of higher education of the Ministry of Defense of the Russian Federation (hereinafter referred to as an educational organization) under additional professional professional retraining programs lasting up to four months. 0 hours.
4. Servicemen who have expressed a desire to undergo professional retraining shall submit a report to the commanders (chiefs) of military units:
9. Military personnel sent for professional retraining are included in the lists that are submitted by the commander (chief) of the military unit to the personnel body in the order of subordination. On the basis of these lists, the personnel body forms information on the number of military personnel sent for professional retraining, which are submitted to the Main Directorate of Personnel of the Ministry of Defense. 10. Military personnel studying under professional retraining programs during the period of training are considered seconded from military units.

Thus, the above Order is violated in relation to you. Your accommodation in another city and travel expenses must be paid to you.
You, in order to achieve payment, will have to apply to the military prosecutor's office on the basis of Article 10 of the Federal Law on the Prosecutor's Office of the Russian Federation.

43.5. PROBLEMS OF IMPLEMENTATION BY MILITARY PERSONNEL,
MILITARY SERVICE UNDER CONTRACT,
RIGHTS TO PROFESSIONAL RETRAINING
WHEN THEY ARE DISMISSED FROM THE MILITARY SERVICE

M.F. GATSKO

Gatsko M.F., Deputy Head of the 4th Central Research Institute of the Ministry of Defense of Russia for educational work, Candidate of Philosophical Sciences, Colonel of Justice.
If it is impossible to undergo training at the place of military service, military personnel are sent for training (within the limits of places allocated for non-resident students) to educational institutions located in nearby settlements to the place of their military service, with which the Main Directorate educational work The Armed Forces of the Russian Federation signed a contract for professional retraining events.
Servicemen sent for professional retraining at the expense of the federal budget are paid:
1) training under professional retraining programs;
2) travel to the place of study and back;
3) expenses related to accommodation.
These servicemen are also paid per diem money.
Payment of expenses associated with moving to the place of training and back, as well as the payment of per diem money to a serviceman, are made in an educational institution at the place of professional retraining. Payments made are noted in the travel certificate. Expenses associated with the accommodation and training of military personnel under professional retraining programs are included in the cost estimate of the educational institution and are not paid to military personnel.
However, to date, the current legislation of the Russian Federation has not regulated the issue of mandatory financing from the federal budget of the costs of professional retraining of citizens dismissed from military service. The federal law "On the status of military personnel" only declares the right of this category of citizens to free education without specifying the procedure for reimbursement of the corresponding costs, as a result of which in 2002 - 2005. Funding from the federal budget for the organization of professional retraining of servicemen dismissed from military service was not actually carried out. In this regard, the activities of professional retraining of military personnel were limited by the opportunities for training discharged military personnel, mainly at the expense of extrabudgetary sources or at the expense of personal funds the dismissed themselves.
The majority of servicemen dismissed from military service in connection with the downsizing of the Armed Forces of the Russian Federation are of working age and have a high educational level. Dismissed military personnel are ready to realize their potential in civilian conditions, however, according to expert surveys, 56% of them consider it necessary to undergo professional retraining and master one of the civilian specialties that guarantees employment. At the same time, the majority of dismissed servicemen (61%) are not ready to pay for professional retraining from their personal funds, only 20% of the surveyed servicemen are partially ready to pay for their professional retraining. Thus, after the completion of military service without prior vocational training, only 50% of the discharged servicemen who served under the contract can be employed, while the rest would willingly take advantage of the legal right to professional retraining.

44. : 40% of salary before retirement - and for what period will this salary be considered? For a year, for five years or for the entire period of work?

44.1. Hello.

Your question is completely incomprehensible.

45. Before the planned appointment of honey. pensions at a consultation in the pension fund of Omsk, they gave me a list of certificates with clarifying working conditions that I had to submit in p.f.r.f. from Kazakhstan where I previously worked. I have provided all required information. The only remark was the translation of the seals. Now when applying for an appointment preferential pension I was refused due to the lack of answers from Kazakhstan submitted by P.F.. For what then I was ordered to provide clarifying information. And what to do ... and with what forecast ...

45.1. Most likely the Pension Fund will refuse to appoint early retirement. This refusal must be challenged in court. As evidence that in Kazakhstan you actually carried out medical activities, you can invite a witness. The testimony of the witness and the certificates you collect will be sufficient evidence that you have the necessary experience.

46. ​​Is the survivor's pension paid before the new year for January or not?

46.1. Hello.

Yes, as a rule.

47. Tell me, my parents are already retired, but they work, that is, they have a penny. Points. Can they give them to me?

47.1. Good afternoon Olga, from the points that they earn after retirement, your parents recalculate the insurance part of the pension every year from August 1. You cannot transfer earned points to anyone, you will have to earn your points yourself.

48. And if in the future pence. The fund does not approve the deal, but the money. Funds have already been transferred, what to do.

48.1. Good afternoon
If we are talking about maternity capital, and the rest of the amount is transferred, but maternity funds are not, then you have two options - to terminate the transaction, or pay the remaining amount from other sources.
Best wishes to you!

49. Do the bailiffs have the right to withhold 50 percent of the pension from the pension for debts to banks? The pension is minimal and is the only income.

49.1. They have the right to withhold, in order to reduce the amount, go to court to appeal.

49.2. Hello dear visitor of the site, yes they have the right to withhold 50%, but you have the right to reduce the size of the deductions in court.

49.3. The bailiffs themselves have the opportunity to make, at your request, a decision to reduce the amount of deductions from the pension.

49.4. They have every right, Article 99 of the Federal Law on Enforcement Proceedings. "You have the right to appeal against the bailiff's decision on the amount of deduction, but basically the court refuses.

50. Filed papers in pence. F. moved from Uzbekistan, before leaving, she collected all archival certificates from places of work and about salary and
.when submitting documents, provided all these certificates. But they don't believe them. Have sent a request. The archive is not responding. Retirement denied. Motivating that there is no answer and a letter from the archive should come to them. Is there such a law now to double-check and not to believe archival information? And what is the best course of action to take? Thank you.

50.1. Hello Olga! You are not the first former citizen of Uzbekistan who, experiencing inconvenience from the laws of this country I respect, have a practice in helping other people. I inform you that the consular department for migration of the Embassy of Uzbekistan (Moscow, Bolshaya Polyanka) is guided by its own Uzbek laws, they have such a Decree on sending documents only to them, that is, to the Embassy, ​​and with these decrees they simply slow down the process. In this case, send repeated requests to the archives, copies of requests addressed to the Ambassador of Uzbekistan. I think it will work. Good luck to you!

The pension reform encourages Russians to figure out how seniority is taken into account when calculating a pension, what will happen if you do not earn a certain minimum number of years, and at the same time determine your chances of taking a well-deserved rest ahead of schedule.

Types of experience

The length of service for calculating an old-age pension may include slightly different concepts, depending on:

  1. Positions:
    • State - the time spent in the service of the state.
    • Insurance (labor) - labor or other activity, accompanied by regular deductions to the Pension Fund of the Russian Federation.
    • Special - providing the opportunity to retire ahead of schedule. Its peculiarity is work in industries that are harmful to health, in a debilitating climate, in areas with high radioactivity.
  2. Continuity:
    • General, which includes all periods of employment (with the correct payment of insurance premiums to the Pension Fund), regardless of the presence and duration of breaks.
    • Continuous, implying the last time period during which the employee worked (in one or more organizations) without interruptions (or their duration did not exceed those established by law).

The total length of service is the total duration of periods of work and other socially useful activities until January 1, 2002.

Work experience and insurance

The length of service of a citizen is the sum of periods of labor activity at all places of work, periods of other socially useful activities and other periods specified in pension and labor legislation (army service, maternity leave, etc.).

The reform of the pension system has led to the emergence of a new concept - the length of service. This is the total period of labor or other activity of a citizen, during which insurance premiums were transferred to the Pension Fund of Russia.

Hence the interest whether the pension depends on the length of service or now only the amount of insurance premiums is taken into account.

Insurance amount pension benefit consists of the sum of the fixed payment and the insurance pension. The latter is determined by the individual number of pension points, depending both on the amount of wages and the period of its receipt - length of service.

The law also establishes a minimum insurance period that allows you to receive an old-age insurance pension.

Seniority and old age pension

How is seniority calculated?

Having determined whether the length of service affects the size of the pension, we proceed to the procedure for calculating the insurance period.

The insurance pension experience, as well as the previous work experience, is preserved for able-bodied citizens in special periods. Their list is written in Art. 12 of the federal law "On insurance pensions" No. 400-FZ:

  • military or equivalent service;
  • periods of care for newborn children - no more than one and a half years for one child and no more than six years in total;
  • the time of caring for a disabled person of the first group, an elderly person (a person over the age of 80) or a disabled child;
  • periods of being registered with the employment service and receiving unemployment benefits;
  • the time of residence of the wives of military personnel in areas where employment was impossible, as well as spouses diplomatic workers Abroad;
  • the time of serving a sentence by persons brought to criminal responsibility unreasonably.

Work experience before January 1, 2003 is confirmed by documents issued by employers, archival institutions and other organizations that have relevant information about the work and (or) activities of a citizen.

Such documents are a work book, certificates, written employment contracts and agreements with notes on their implementation, civil law contracts, certificates on the period for paying mandatory insurance contributions to the Fund social protection of the population of the Ministry of Labor and Social Protection of the Republic of Belarus (hereinafter referred to as the Fund) and on the amount of wages (income) from which these contributions were paid, in cases provided for by law.

Subject to payment of contributions to the FIU not lower than the minimum fixed size retirement age is calculated:

  • individual entrepreneurs;
  • notaries, lawyers and other persons providing themselves with work independently;
  • members of farms;
  • other citizens referred to in Art. 13 of Federal Law No. 400-FZ.

The length of service accumulated before the pension reform of 2002 is credited to the total term of the pension experience, and points for the specified period are calculated in the order of valorization (revaluation of value) pension rights. The direct dependence of pensions on length of service is also evident here.

The length of service is calculated according to the calendar duration of periods of work or other activities, summing days into months and months into years. An exception is provided in two cases:

  1. for seasonal workers in a number of industrial sectors;
  2. for those working on water transport during periods of navigation.

These citizens are credited with a full year of experience in calendar year, which covers the period of work.

Watch a video that will tell you how to calculate seniority and pension

Minimum experience

After we figured out that seniority matters when calculating a pension, about how much full years it is necessary to have it in order to receive payments from the FIU at retirement age.

Prior to the 2015 reform, the minimum length of service for receiving an insurance pension was 5 years.
Now this figure is increasing by one every year. In 2015, he reached 6 years, in 2016 - 7 years, in 2017 - 8 years.
The gradual increase will end in 2024, when the minimum seniority will reach 15 years.

Pension

There are two types of pension:

  1. Insurance. Its value depends on the length of service.
  2. Social. It is charged in case of absence or insufficiency of experience.

Insurance

Officially employed citizens have the right to count on receiving an insurance pension. At the moment, it is appointed upon reaching the age of 55 for women and 60 for men. Early exit retirement is possible in case of redundancy if the employee has 20 years of service for women and 25 for men. Its size increases according to the years worked. Some periods of time when labor activity was not carried out are also equated to these:

Important information

For each socially significant non-working period, a certain number of pension points is accrued. So, for example, a year of service in the army is worth 1.8 points. The year of care for a disabled child, a disabled person of the 1st group and the first healthy child is estimated at the same amount. The second child will bring parents 3.6 points for the year, the third and subsequent - 5.4 points.

  1. Pregnancy and parenting. For each child, 1.5 g is allotted (but not more than 6 years in total).
  2. Urgent service in the army, internal affairs bodies.
  3. Job search (for persons registered with the Employment Service).
  4. Public Works.
  5. Serving time in places of detention (for persons who have undergone rehabilitation).
  6. Care for a disabled person of group I, childhood, a person who has reached 80 years of age.

These terms are taken into account only if immediately before or after them there was a period of work.

Social

The social pension is designed to protect the interests of persons who, due to their physical condition, difficult life situations or unofficial employment, have not acquired the required length of service. If there is no work experience, whether a pension is due depends on the following circumstances:

  1. Citizenship of the Russian Federation or residence in the country for 15 years.
  2. Execution of 60 years - for women and 65 - for men, with the exception of residents of the Far North. Due to the peculiarities of living in harsh climatic conditions, their retirement age comes at 50 years old for women, and at 55 years old for men.

Pension in the absence of work experience is small, but is of interest to persons entitled to survivor benefits. In this case, it is possible to receive both types of payments, if the second is not related to social and is assigned:

  1. Parents or spouse of a soldier who died while participating in hostilities.
  2. To family members who survived the consequences of the Chernobyl nuclear power plant accident.
  3. Relatives of the deceased cosmonaut.

Details about seniority and pensions are described in the video

Size

How a pension is calculated if there is no work experience depends on the base rate, which is 3626 rubles. However, it is subject to annual indexation, carried out in early April to take into account inflation and the cost of living. In 2019, when recalculating, a coefficient of 1.03 is used, which brought the amount of the pension to 8600 rubles. In some regions of the Russian Federation, this coefficient (and, accordingly, the minimum pension without seniority) has a higher value. But this advantage is lost in case of moving to another region.

The duration of work when paying funds to the FIU does not affect the appointment of a pension. Only the general experience is required and the requirements for it differ depending on the category of citizens and the type of pension received.

The amount of pension payments cannot be lower than the subsistence minimum for pensioners. In the event of such a situation, the missing amount is credited as additional allowance. The specific value of the subsistence minimum is established by the regional authorities. In Moscow for 2016, it corresponds to 8528 rubles.
Pension provision can be increased in case of:

  • the presence of dependents;
  • reaching the age of 80.

It is not possible to receive old-age and disability pensions at the same time. The latter ceases to be paid from the day the disabled person retires. If the amount of the pension is less than the disability allowance, the deficiency is compensated by additional payments.

Pension with service below the minimum

A citizen whose pension experience is below the required minimum is entitled to receive not an insurance, but a social pension, the amount of which is much lower.
If insurance pension is assigned to men at the age of 60, and to women at the age of 55, then the age limit for social pension is exactly 5 years higher:

  • for women - 60 years;
  • for men - 65 years.

The amount of the social pension depends on the average salary in the subject of the federation where the elderly citizen lives.

The work experience after January 1, 2003 can be confirmed by the data of individual (personalized) registration in the state social insurance system. In particular, an extract from the individual personal account of the insured person, issued by the district departments of the Fund.

When assigning a pension to a specific person (in the case of submitting him for the appointment of a pension in the prescribed manner or a personal application for the assignment of a pension), this extract is requested by the district (city) department (department) for labor, employment and social protection.

How does a high seniority increase a pension?

Now let's consider how the length of service affects the size of the pension of a person who has worked not a small number of years, but a large one.
After reaching the minimum length of service, the pension capital, calculated in points, increases due to an additional coefficient.
Points are also growing faster on the account of a citizen who continues to work after reaching retirement age.

Please note: in addition to the minimum, the law also provides for a maximum length of service that is taken into account when calculating a pension:

  • for women - 40 years;
  • for men - 45 years.

Working beyond this period will not increase your pension benefit.

Who is eligible for early retirement

Important information

The work book confirms the work experience and is the main document. In the absence of it, as well as in cases where it contains incorrect and inaccurate information or there are no records of individual periods of work, certificates issued on the basis of orders, personal accounts, payroll statements and other documents, written employment contracts and agreements with notes on their implementation can be accepted to confirm the length of service.

Opening the topic of how the pension depends on the length of service, it remains to be said under what conditions a working citizen has the right to take a well-deserved rest ahead of schedule (a man under 60 or a woman under 55).

The grounds for the early appointment of an old-age pension are written out in Ch. 6 of Federal Law No. 400-FZ.

Early retirement is provided for persons of two categories:

  1. on the basis of labor output of the established duration - for food workers, teachers, rescuers, miners, employees of fishing vessels, etc.;
  2. on social grounds - the visually impaired and those injured during the hostilities, mothers of large families, as well as persons who have a work experience established by law in the Far North or in areas equivalent to it.

"Northern" pension ahead of schedule relies on:

  • at 50 years old for men / at 45 years old for women living in the regions of the Far North (RKS) and who have worked for 25/20 years as hunters, fishermen, reindeer herders;
  • at the age of 50 for women who have given birth to two or more children and have earned 12 years of experience in the CSW or 17 years in equivalent areas;
  • at 55 / 50 years old for men / women with a total experience of 25 / 20 years, of which 15 years have worked in the CSW or 20 in equivalent areas.

Also, early retirement is assigned by the Pension Fund at the suggestion of the employment service to persons of pre-retirement age who are registered with it, not earlier than two years before retirement age (Article 32 of the Law “On Employment in the Russian Federation” No. 1032-1 dated April 19, 1991).

We are ready to answer your questions - ask them in the comments

In this article we will talk about how the procedure for calculating pensions will change from January 1, 2015 and what is important to pay attention to today.

From January 1, 2015, Russia plans to introduce a new procedure for the formation of pension rights of citizens and the appointment labor pension by old age.

According to representatives of the pension fund, today the size of the old-age labor pension depends primarily on the amount of insurance premiums that employers pay for an employee during their working life into the mandatory pension insurance system. At the same time, the duration of the insurance (labor) period has practically no effect on the size of the pension.

The equalizing principle of calculating pensions leads to the fact that pension payments to citizens with an insignificant insurance (labor) record are made approximately in the same amount as to citizens with a long record of work.

Therefore, representatives of the Pension Fund offer for the economically active population, that is, for those who plan to lead a long and active working life, to increase the role of seniority in the formation of pension rights and the calculation of the size of the pension.

What will change from 01.01.2015?

1. For the first time, the concept of "annual pension coefficient" is introduced, which will be used to evaluate each year of a citizen's labor activity. Annual pension coefficient is equal to the ratio the official salary of a person, from which this year insurance contributions to the mandatory pension insurance system were paid, and the maximum salary from which employers, by law, pay insurance contributions to the OPS system. That is, the higher the salary, the higher the annual pension coefficient.

If the total length of service of a citizen (periods for which insurance premiums were paid to the pension system) is more than 35 years by the date of assignment of the labor pension, then, according to the new rules, the labor pension will be assigned in an increased amount.

For each year of service from 30 to 40 years for women and from 35 to 45 years for men, one additional pension coefficient is accrued. For an experience of 35 years for women and 40 years for men, an additional 5 pension coefficients are accrued.

2. In the new rules for calculating a labor pension, such significant periods of a person’s life as military service and parental leave up to three years old will be counted in the length of service. For these so-called "non-insurance periods", special coefficients are assigned.

3. By 2025, the minimum total length of service for receiving an old-age labor pension will reach 15 years. It will increase annually for 10 years, starting in 2015. Women who have a pension period of less than 15 years will be able to apply to the FIU for social pension upon reaching the age of 60, men - 65 years. In addition, a social supplement to the pension will be made up to the subsistence level of a pensioner in the region of his residence.

4. Under the new rules, it will be beneficial to retire later. Every year, the insurance pension will increase by the corresponding premium coefficients. For example, if a citizen works after reaching retirement age for three years without applying for an employment pension, then the fixed payment will be increased by 19%, and the insurance pension by 24%. And if the length of service beyond the retirement age without applying for a pension is 8 years, then the fixed payment will be increased by 73%, and insurance part- by 90%.

Practical Tips

In the light recent changes in the legislation that comes into force as early as 01/01/2014 (FZ dated 12/03/2012 No. 243-FZ), many today are asking questions about how an employee of an enterprise should draw up and where to send the funded part, and the employer to transfer it and report in a new way. Experts answered these and other questions legal reference service Standard:

According to the new rules, persons born in 1967 and younger must make a decision by December 31, 2013 whether to transfer their funded part to an NPF or a management company, or to leave it under state control at Vnesheconombank. Those who transferred earlier or will transfer in 2013 the funded part to the NPF or the Criminal Code will automatically leave the 6% tariff for this part of the contributions.

The so-called "silent people", the funded part of which is under the control of Vnesheconombank, have two options. If they want to leave the 6% tariff, then they must submit an application to the FIU for the choice of an investment portfolio indicating this tariff. If there is no such statement, then from 2014 the funded part will go at a rate of 2%. By the way, now the question is being discussed that for silent people the tariff for the funded part would be 0%.

Such an application cannot be submitted through the employer, the employee must personally come to the PFR office and fill out an application for choosing an investment portfolio in a special form. In the event that an employee wants to transfer the funded part to a private pension fund or a management company, then he must come to the branch of these organizations and draw up an agreement. There, as a rule, an application for the transfer of the funded part is immediately filled out, which the NPF itself sends to the FIU.

The obligations of the employer remain the same. It is unlikely that personalized accounting will be canceled in the future, since the Pension Fund of the Russian Federation is obliged to accrue a pension, as well as to issue certificates of the amount of wages for calculating benefits from the FSS of the Russian Federation if the insured person cannot provide this certificate.

According to the expert of the technical support department of SKB Kontur, Elena Kulakova, accountants are not required to conduct explanatory work regarding the choice of tariff insurance premium among the employees of their organizations. However, the FIU welcomes this activity. In addition, it may happen that at the end of the year the PF will impose the obligation to accrue 2% or 6% to accountants, although today it is not spelled out how the calculator should find out which of the employees has submitted an application to the PF. Legislators can make a corresponding amendment to the regulations at the end of the year.

Interested in other questions related to pension legislation? Ask them to the Normative experts!



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