Pension legislation plays a huge rolein the formation and development of social policy of the state. And one of the basic normative documents is the law regulating the payment of labor pensions.
general characteristics
The Federal Law "On Labor Pensions" includes in its structurethere are 32 articles in total, which are united into 7 chapters. It was adopted in 2001 and was repeatedly subjected to changes. To date, it applies to the calculation of the amount of labor pensions, as well as the methodology for calculating insurance payments.
Despite the termination of many articles,this law helps not only to prepare for exams on social security, but also to understand the ways of calculating pension payments, relying on the results of fruitful work. The pension legislation in part of the regulation of labor is actually based on this ABA.
About general provisions
The first chapter of 173 FZ includes 6 articles.From the first lines of the normative document draws the attention of citizens to the fact that the payment of labor pensions is carried out in accordance with the law. In the first article, general provisions are made that are characteristic of most normative acts. For example, if there is a discrepancy between international norms and current legislation, priority is given first. It also lists the legislative base, which is of subsidiary importance for social policy, in general.
The following article contains a number of concepts,which are necessary for the explanation and interpretation of the EPA on pension provision. For example, the most commonly used definitions are: labor pension, length of service, pension capital, personal account, pension savings, and much more. The first chapter also indicates the persons who have the right to receive this type of payments, as well as the types of their pensions:
- by old age;
- on disability;
- in the event of loss of breadwinner.
Simultaneously, the parts forming the integral payment are indicated: insurance and funded pensions.
On the condition of receiving payments
The second chapter of the law "On labor pensions in the Russian Federation"talks about the immediate conditions that should exist at the time of the demand payment. So, a citizen wishing to receive a labor pension must reach the established age (women - 55 years, men - 60). The labor pension in case of the onset of old age is paid in the presence of a five-year and more seniority.
In addition, depending on the type of pension,there are other conditions for receiving payments. So, all the disabled citizens who were dependent on the deceased or the deceased can receive the survivor's benefit. However, such persons can not avail themselves of the right to receive a labor pension in the event of unlawful actions against the breadwinner. For example, if a daughter killed her father to receive payment.
Pension legislation provides for a list of persons entitled to receive this kind of payment:
- Children and grandchildren, brothers and sisters of the breadwinner who have not reached the age of majority.
- One of the relatives, including the spouse, if he is busy caring for a child or for a disabled citizen.
- Grandparents who have reached retirement age.
Dependents in this case are personswhich the deceased fully provided or allocated funds, which are the only source of livelihood for the former. It is important to bear in mind that the retirement benefit for the loss of the breadwinner is retained even in the event of marriage in the future.
About the experience
Chapter 3 of the Federal Law "On Labor Pensions in the Russian Federation" is dedicated towork experience. In this section, special attention is paid to periods of work, which are officially counted in the seniority. So, a prerequisite for obtaining a labor pension are employer contributions made to the Pension Fund of the Russian Federation. For example, if you worked for 5 years for an entrepreneur who paid salary "in an envelope", then during this period you will not be able to claim a retirement pension, in fact, you are not entitled to it.
In addition, the law in a separate articledraws attention to other periods that may be counted by the legislator. This chapter also indicates the procedure for calculating and confirming insurance experience.
About the size of payments
Pension legislation reflected inconsidered law, fixes the size of the payments. Article 14 presents a number of formulas by which every citizen can calculate the amount of payment due to him. In order for the calculations to be correct, you need to know the following indicators:
- the amount of the estimated pension capital;
- fixed old-age labor pension;
- the number of months of the expected payment period,which is 19 years old (no matter how sad it may sound, but for every pensioner the state actually determined the life expectancy - 228 months, or 19 years).
At first glance, these figures seemterribly incomprehensible, but in any bank, tax service or in a single information center, the calculation algorithm will be explained to you in a matter of minutes. Among all this chapter is the most extensive, as it contains a huge number of formulas and fixed amounts of payments.
And in the end ...
As for articles 18 to 32 inclusive,they are devoted to the recalculation, appointment, review of pension payments, as well as the procedure for issuing and receiving pension accruals. These provisions largely relate to the activities of municipal and state bodies that are engaged in customer service.
In addition, these chapters deal withrare cases of recalculation in the event of errors, violations of the law, as well as negligence by the employee of the pension center. In the fifth chapter, attention is paid to such nuances as the method of delivering a pension, by whom it is paid, whether a citizen has the right to receive it in the course of employment.
Article 19 draws attention to the timing of payment,for example, a disability retirement pension is paid from the date of recognition as disabled if he applied to the relevant authorities before the expiration of 12 months after assigning such status.
