Military injury. War injury Pensions for military injury in the year
Military service is an activity characterized by particular health risks. Because the law Russian Federation special conditions are provided for the maintenance of disabled people who lost their health during the performance of combat missions.
Definition
A military disability pension is considered a payment to a retiree due to disability during the performance of official duties or no later than three months after dismissal from service, or if disability occurred later than this period, but due to injury, concussion, injury or illness received during the period of service . Its main characteristics:
- provided from the federal budget or the Pension Fund of Russia (PFR);
- appointed to persons recognized as disabled by the military medical commission (MCC);
- limited to:
- removal of disability;
- achievements retirement age established by law.
The disability pension for military personnel differs from the labor pension for civilians: it is not earnings that are taken into account, but the monthly monetary allowance of a serviceman (EDD).
A common feature for these two types of state support for disabled people is the dependence of benefits on length of service or length of service. The more a person worked, the higher his content in terms of loss of health.
Important: a military disability pension is assigned according to different methods:
- conscripts;
- contractors.
Who is supposed to
Law No. 4468-1 of February 12, 1993 contains a list of persons who are entitled to state support for disability. In particular, these include:
- Citizens who held officer positions, or served as midshipmen, ensigns and privates in the ranks:
- Armed Forces of the Russian Federation (AF);
- United Armed Forces of the Commonwealth of Independent States;
- Federal Border Service;
- Internal and Railway Troops of the Russian Federation;
- bodies of government communications and information;
- state guards of the Russian Federation;
- border troops;
- foreign intelligence;
- state security agencies;
- military prosecutor's office;
- National Guard of the Russian Federation;
- bodies of the penitentiary system;
- fire service;
- drug control authorities.
- Military personnel of other countries who have relevant agreements with Russia.
- People who served in foreign countries unless there is an agreement between the parties.
- Soldiers of the USSR.
Conditions for applying for a disability pension
- due to military trauma (wounds);
- due to an illness that arose during the service.
The following conditions determine the options for identifying diseases leading to the appointment of payments:
- disability was assigned directly during the period of service;
- such a state occurred within three months after its completion;
- the cause of disability was an injury (trauma) - without taking into account the timing.
On the categories of disabled pension recipients
- Soldiers who received a disability as a result of a military injury during the defense of the Motherland:
- shell shock;
- injury;
- wounds;
- other kind of disease;
- captivity.
- Citizens whose state of health has suffered under circumstances not related to the performance of military duty (but during service).
There are three categories of disability:
- the first two include retirees who have completely lost the ability to work:
- 1 - need outside care;
- 2 - are able to take care of themselves;
- the third includes people who have partially lost their ability to work.
Recertification
The state of disability is fixed:
- for a certain period;
- indefinitely.
In the first case, the documents indicate the date of the next survey. If persistent negative changes in the state of health are detected, disability is extended. If the health workers see an improvement in the condition, then the group may be:
- changed to lighter;
- cancelled.
The amount of accruals
The amount of the pension depends on the type of service and the reasons for disability.
It is calculated:
- for conscripts from the size of the social pension (SP) (Article 15 of the Federal Law No. 166);
- for contractors from the EDD (Article 22 of the Federal Law No. 4468-1).
The specific amounts of payments are given in the table.
Attention: the minimum values for contract service employees, including the Ministry of Internal Affairs and other ministries, are set for people with a small salary.- Military service soldier A. Varentsov was wounded while performing his military duty. The event took place in May 2017.
- The medico-social examination assigned him 1 group.
- Varentsov A. was discharged from the army.
- He applied to the FIU for the appointment of a pension, providing all the necessary papers.
- On the basis of Article 15 of the Federal Law No. 166, Varentsov A. was assigned a state content in the amount of 300% of the joint venture:
- from April 1, 2018 to April 1, 2019, the amount of social pension was equal to 5180.24 rubles.
- Varentsov A. will monthly receive: 5180.24 rubles. x 300% = 1540.72 p.
Payout increase
In certain situations, on legal grounds, various surcharges are made to retired military personnel for pension maintenance.. These include:
- 100% SP upon reaching the 80th anniversary;
- if the pensioner has dependents, then the allowance depends on their number:
- for one - 32%;
- for two - 64%;
- for three or more 100%;
- after the Government of the Russian Federation establishes the level of inflation for the past period, indexation of the joint venture is carried out.
Honored retired soldiers are paid additional payments on the basis of articles 46 and 48 of the Federal Law No. 4468-1. Namely:
- the payment is doubled if a citizen is awarded one of the following titles:
- Hero of Russia;
- Hero of the USSR;
- or this citizen was awarded the Order of Glory of three degrees;
- 50% added for the title:
- Hero of Socialist Labor;
- Hero of Labor of Russia.
In addition, a district coefficient is applied to the income of retired military men for residents of the Far North and equivalent regions on the basis of current legislation.
A package of documents for assigning payments
Issues related to military disability pensions are handled by:
- PFR, if a conscripted employee applies;
- the relevant ministry under which the disabled person previously served.
An application must be submitted to the department in the prescribed form, attaching the following papers to it:
- Copies:
- passports;
- military ID;
- disability certificates.
- Originals:
- conclusions of the VMC;
- other documents relevant to the case, for example, on the presence of dependents.
Documents can be submitted:
- mail;
- personally;
- through the MFC;
- "Personal account of a citizen" on the official web resource of the PFR.
How payments are made
Material maintenance to former soldiers is transferred monthly for the current period. They choose the form of receiving funds on their own:
- postal transfer;
- bank transaction (to an account or card);
- through the services of an enterprise licensed to deliver money (only for former conscripts).
Pausing and resuming content
The issues of making payments in case of missing re-examination are regulated by Article 27 of the Federal Law No. 4468-1:
- If a citizen missed the deadline for the next check, then the transfers stop until the group is confirmed.
- They are resumed after the state body receives a new result of the CMC (or ITU).
- If the group is changed, then payments for the missed time are made according to the old data.
- In the event that a former soldier missed an examination on good reason, he is paid all untranslated content in full.
- If the disability is canceled, then the payments stop.
Right to a second pension
Military invalids are often employed in the "civilian". If the employment relationship is formalized, then the employer transfers contributions to the Pension Fund for them. Consequently, a citizen receives the right to insurance maintenance by age.
It is assigned subject to the following conditions:
- Reaching the age limit for mandatory employment:
- 60th anniversary for women;
- 65th anniversary for men;
- otherwise, in accordance with the laws;
- Availability of the applicant in 2020:
- 11 years of civil service (in 2019 10 years);
- 18.6 pension points (in 2019 16.2 points).
In addition, the following nuances of paying civil pensions to disabled retirees should be taken into account:
Monetary compensation as a result of causing damage to citizens in the performance of their military duties is paid in accordance with the requirements of the Federal Law of 07.11.2011 No. 306 "On the monetary allowance of military personnel and the provision of individual payments to them."
Types of compensation for military personnel in case of injury in the service
Payments for military injury in 2017 are made to compensate for the following types of damage caused to the health of a serviceman:
- during the period of service;
- as a result of exposure to an increased level of radiation (during maintenance of radiation facilities, testing, liquidation of the consequences of an accident);
- when committing illegal actions by representatives of the judiciary (bodies of inquiry, prosecutor's office);
- as a result of illegal actions committed by representatives of local government, the military department;
- during the performance of official duties, if the damage caused to health is not related to the commission of illegal actions by representatives of various structures.
The procedure for compensation for damage in case of injury to a soldier
The one-time compensation due to a serviceman (officer, midshipman or warrant officer) is paid after his representatives send part of the required package of documents to the appropriate organization that has concluded an agreement with the military department. The package includes the following documents:
- a statement of the established form, which is written by a soldier. This document contains a petition for the payment of benefits to a soldier in connection with his dismissal from service, during which a military injury was received;
- certificate with the signature of an official of the military unit and the presence of an official seal - to confirm the injury to a soldier during the period of service;
- a certified copy of a medical report (certificate) with information about the illness of a serviceman;
- a certified copy of the order on the exclusion from the personnel of the part of the soldier who was injured.
A serviceman can submit all of the listed documents for payment of compensation on his own.
The basis for the payment of compensation and pension to the injured serviceman in this case will be the causal relationship that has arisen between the incident as a result of which he was injured and the performance of his immediate duties. This connection is confirmed by the conclusion of the military commission.
A serviceman recognized as disabled as a result of an injury while on duty must apply to a government agency endowed with appropriate powers to pay him the due compensation. social protection population at the place of residence and write a statement of the established form.
This statement must contain:
- application for the appointment of monetary compensation paid monthly. The amount of such compensation is established taking into account the disability group assigned to the serviceman;
- details of the applicant's bank account.
The application must be accompanied by:
- a document (copy) that certifies the identity;
- a copy of the conclusion (certificate, certificate) to confirm the fact of establishing a disability group as a result of receiving a military injury;
- a copy of the order (certificate signed by the commander of the unit, military ID) confirming the injury to the serviceman during the period of service;
- a document (copy) confirming that the serviceman received a pension from the relevant authority;
- a document (copy) on the appointment of a guardian to a serviceman in connection with his recognition as a disabled person.
Compensation amounts
The legislation has established the following amounts of monthly compensation for disabled people:
- Group I - 14 thousand rubles;
- II group - 7 thousand rubles;
- III group - 2800 rubles.
Each member of the family of a military man who has become disabled as a result of an injury can also count on receiving compensation. The total amount of compensation will be equal to the derivative of the total amount assigned to the disabled person divided by the number of family members.
Example. A disabled person of group II receives an allowance of 7 thousand rubles. He has a wife and a child. The composition of the family, including the disabled person - 3 people. In this case, 7 thousand rubles must be divided by 3 - we get 2333 rubles per person. This means that the wife and child together will receive 4,666 rubles a month. Disabled person - only 7 thousand rubles assigned to him.
If a soldier is killed or died, then each family member receives compensation calculated according to the same principle. The total amount of compensation for a disabled person of group I is taken as the basis.
Monthly monetary compensation can be paid in total to all family members or to each individually on the basis of his application.
How much are military disability pensions paid in 2017
The disability pension for a serviceman in 2017 is calculated in accordance with the Federal Law “On State pension provision in the Russian Federation” dated December 15, 2001 No. 166-FZ (hereinafter referred to as Law No. 166-FZ):
- those who received a disability of I or II group due to a military injury are paid 85% of the monetary allowance received during the period of service; Group III - 50%;
- those who became disabled of group I or II due to the disease received during the service are assigned 75% of the monetary allowance, which was paid during the period of service; Group III - 40%.
Disabled servicemen have the right to apply for a social pension (SP), in accordance with Art. 15 of Law No. 166-FZ, the value of which is:
- Group I (due to military trauma) - 300%;
- II group - 250%;
- Group III - 175% of the social pension
Those who received a disability as a result of illness during the period of service are entitled to a social pension in the amount of:
- Group I - 250%;
- II group - 200%;
- III group - 150%.
A military pension in connection with the death of a breadwinner is established for disabled members of the family of a deceased serviceman (Article 36 of the Federal Law “On Pensions for Persons Who Served in Military Service ...” No. 4468-1 of December 15, 2001) in the amount of:
- 50% of the monetary allowance - after the death of a serviceman from a military injury;
- 40% of the amount of monetary allowance - in case of death from an acquired disease during the period of service.
Close disabled relatives of a deceased serviceman may, in accordance with Art. 15 of Law No. 166-FZ, apply for a social pension in the amount of:
- 200% - in case of death from an injury;
- 150% - upon death of a soldier from a disease received during service.
The indexation of military pensions is provided by the state with an increase in prices for consumer goods.
What you need to know a soldier who was injured while on duty
Citizens dismissed from service due to injury and receiving a disability pension are entitled to claim a second (labor) pension in the following cases:
- upon reaching a certain age established by law;
- if there is a minimum seniority to receive a second pension, without taking into account which the disability pension was assigned. From 2016, the insurance period will increase by 1 year (in 2015 it was 6 years) until 2024;
- if they were given a pension as an employee of the Ministry of Internal Affairs or other law enforcement agencies due to the assignment of disability of I, II or III groups.
If a serviceman is denied compensation or pension, in some cases it may be necessary to go to court. Help compose statement of claim experienced lawyers of our company will be able to. Judicial practice most often follows the path of satisfaction of claims for compensation for harm to health due to military injury. Therefore, having correctly substantiated your requirements, you can win the process and receive the amounts due.
Conditions for granting a disability pension in 2020
Citizens who have lost their ability to work due to poor health are assigned disability payments. They are provided by or line.
Former military personnel are provided at the expense of the state through an interdepartmental line. That is, the funds for the issuance of pensions are distributed from the federal treasury to various structures. Supply military carried out Ministry of Defense(Ministry of Defense).
Disability pension in 2020
Value the appointed payment to the pensioner is established Art. 22 of Law No. 4468-1. Its size for citizens who have received restrictions due to injury:
- 1 and 2 groups in total 85% from their official salary;
- – 50%.
Persons recognized as disabled as a result of illness:
- 1 and 2 groups - 75%;
- 3 groups - 40%.
If the applicant's official salary is recognized as insufficient, he is given the following allowance:
- due to injury 300% calculated indicator, - 250%, 3 groups - 175%;
- in connection with the disease of group 1 - 250%, 2 groups - 200%, 3 groups - 150%.
The calculated indicator is calculated from the value of the social pension determined by the government. On 2020 this figure is equal to 5653,72 rubles.
Servicemen who have received a disability as a result of their own illegal actions are assigned a social pension. Her size subject to indexing 2020:
- 1 group: 11 307,47 rubles;
- 2 groups: 5653,72 rubles;
- 3 groups: 4805.7 rubles.
Produced annually revision of values benefits paid. Cause: an increase in prices for consumer goods (inflation) or a change in the size of the official salary of the soldier himself. This procedure is called.
Military disability pension in 2020 will be increased in the next terms:
- In October by 3% due to an increase in the salaries of active military personnel. The value of the reduction factor will remain at the same level and will be 73.68% (only for disabled people who have issued a retirement pension).
- In January increased insurance pensions for those who are entitled to 2 benefits. The cost of one IPC will rise to 93 rubles.
- In April on the indexing factor 7%. It will affect citizens who receive payments in a fixed amount to the established calculated indicator. After the increase, this amount will reach - 5653.72 rubles.
If the applicant's health deteriorates, he may be revised group disability. After that, an allowance is assigned in an amount corresponding to the degree of limitation. The new amount cannot be less than the amount already paid.
The procedure for applying for and receiving a pension
The provision of pensions to military personnel depends on their departmental affiliation. That is, the majority of the military appointment and payment Money appointed the ministry of defence. For the rest of the recipients, whose pension is calculated from the calculated indicator, registration takes place in pension fund(FIU).
Additional social guarantees, including increase To military pension for disability, can be established at the level of the local administration. To do this, an application is submitted to the territorial office of the FIU or social security.
How to get payouts:
- Collecting the necessary package of documents and applying to the accountable department.
- Submitting an application and attaching the necessary papers to it.
- Expectation official decision during 10 working days.
If the application is approved, the applicant can choose one of the following ways to receive money:
- through a bank by opening a personal account;
- through the post office
- through an organization accredited to provide similar services.
disabled person can receive funds in person or through a representative. In the case of using the services of a trustee, a power of attorney is issued through a notary for a period of up to 1 year. For incapacitated and sedentary citizens, the possibility of delivering a pension to their homes is also provided.
List of documents
Attached documents when submitting an application for processing payments:
- Passport or other document proving the identity of the applicant and / or his representative.
- Power of attorney certified by a notary (if necessary).
- Certificate of medical examination with the decision to assign a category of disability.
- A document confirming the actual place of residence.
- Extract from the order of dismissal.
- Certificate of disabled family members - dependents (if any).
An example of a military disability pension
Citizen Semelyak A.P. is a veteran of military operations in Afghanistan, who received a disability during the line of duty (due to injury). He was assigned 2 groups. Over time, due to health complications, the citizen turned to a competent medical institution for re-examination.
After studying the causes, factors and conditions affecting the onset, development and outcome of disability, the specialists of the ITU Bureau confirmed the deterioration of health. The veteran was assigned 1 disability group. In addition, he has two disabled children under his care.
Calculator calculation pensions for a military disabled person of the 1st group with two dependents:
RS \u003d (RP * KI) + (D * K), Where:
RS– calculated value;
RP- calculated indicator (5653.72 rubles);
CI- coefficient paid extra for one or another degree of disability (for group 1 300%);
D- dependency allowance (1884 rubles);
TO– the number of such citizens.
(5653,72 * 300%) + (1884 * 2) = 16 961,16 + 3 768 = 20,729.16 rubles.
Conclusion
Military pensions for the disabled are paid through the interdepartmental line at the expense of the federal treasury. Main conclusions:
- They are set by the Ministry of Defense or the FIU, depending on the category of the recipient.
- Payments are subject to recalculation due to rising inflation, an increase in the reduction factor or an increase in the corresponding salary.
- The pension is assigned upon presentation of a copy of the certificate of medical and social expertise.
- Delivery of funds can occur through the post office or bank.
- Sedentary citizens can use the service home delivery of pension or provide a cash withdrawal to a trusted person.
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So the euphoria from the “active” actions of Vladimir Shamanov and the State Duma Defense Committee headed by him ended. On December 7, after considering the 2017 budget, bill No. 15473-7, directly related to the indexation of military pensions in 2017, was adopted in the second and third readings.
Chief Defender of the 2017-2019 Budget Anton Siluanov
THE FEDERAL LAW
"On the suspension of the second part of Article 43 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, Federal Service of the National Guard Troops of the Russian Federation and Their Families" in connection with the Federal Law "On the federal budget for 2017 and for the planning period of 2018 and 2019"
Article 1
1. Suspend until January 1, 2018 the operation of part two of Article 43 of the Law of the Russian Federation of February 12, 1993No. 4468-I"On the provision of pensions for 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 Federal Service of the National Guard Troops of the Russian Federation, and their families "(Vedomosti of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1993, No. 9, Art. 328; Collection of Legislation of the Russian Federation, 1995, No. 49, Art. 4693; 1998, No. 30, Art. 3613; 2002, No. 27 2620; No. 30, item 3033; 2003, No. 27, item 2700; 2007, No. 49, item 6072; 2011, No. 46, item 6407; 2016, No. 27, item 4160).
2. Establish that the amount of monetary allowance taken into account when calculating a pension in accordance with Article 43 of the Law of the Russian Federation of February 12, 1993 No. 4468-I "On pension provision for persons who have served in the military, service in the internal affairs bodies, the State Fire Service, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, the Federal Service of the National Guard Troops of the Russian Federation, and their families", from February 1, 2017 is 72.23 percent from the amount of the specified monetary allowance.
Article 2
This Federal Law shall enter into force on January 1, 2017.
The president
Russian Federation V.Putin
Considering that canceled for another year(until January 1, 2018, i.e. 5th year in a row) indexation of the monetary allowance of military personnel, Also indexation canceledmilitary pensionsby at least 2 percent from January 1, 2017.
also silently the May Decree of the President of the Russian Federation No. 604 is not being implemented(dated May 7, 2012) for an annual increase in military pensions of 2 percent above the inflation rate. Inflation planned by the government for 2017 in the amount of 4%, in accordance with this Decree, should have led to an increase in military pensions by at least 6%. But from February 1, 2017, military pensions will be indexed by only 4%(72.23/69.45=1.04). And no more indexation of military pensions in 2017 is provided.
At the beginning of 2017, all pensioners, both military and civilian, will be paid 5,000 rubles each as a consolation compensation for the lack of a second indexation of pensions in 2016.
Civil pensions are also planned to be indexed from February 1, 2017, but more than military pensions, that is, in line with the 2016 inflation rate (by about 5.5 percent).
Tighten your belts, dear military pensioners. You are doing well. And all your past merits, when you risked your health and life, steadfastly endured hardships and deprivations of military service, huddled in strange corners, are in the past. The state tries to forget about them. Yes, not just forget it, but every year, without embarrassment, it lowers the standard of living of military pensioners lower and lower and cancels the indexation of monetary allowances and military pensions laid down by law.
P.S. This situation was already observed in the early 2000s and ended with a massive transition of military pensioners to civilian pensions. But today, while average military pensions exceed civilian ones by more than one and a half times, the people at the top apparently believe that nothing terrible is happening and military pensioners can once again (many, many more times!) Be patient and wait until oil becomes $100 each. per barrel or as a result of some miracle will not work Russian economy and its growth rate will be at least 5-7 percent per year.
