Laws on military personnel and military retirees. Law on pensions for military personnel: procedure and amount of pension

Military personnel, like all citizens of the country, have a constitutional right to pension support from the state.

The law provides for several types military pension depending on the reasons for termination of service, including payments to family members of the defender of the Motherland in the event of his death.

The principles of pension support for citizens are formulated in Federal Law No. 166-FZ of December 15, 2001 “On State pension provision in the Russian Federation." Article 8 of this law lists certain conditions under which a military serviceman or his relatives can apply for a pension.

In all details, the procedure for financial support by the state of such persons is outlined in Law No. 4468–1 of February 12, 1993, which also affects employees of internal affairs bodies, personnel of the National Guard, etc. Pension provision for military personnel is carried out without participation Pension Fund In Russia, however, the presence of a retired security officer with the minimum required civil service allows him to apply on a general basis.

In this case, the provisions of Law No. 400-FZ of December 28, 2013 “On Insurance Pensions” also become applicable.

Pension provision for military personnel in modern Russia

The pension system of the Russian Federation has largely inherited the principles of state material support for military personnel and members of their families, established during the Soviet period.

Currently legal grounds persons who have served under a contract for at least twenty years, as well as citizens whose total seniority equal to or greater than 25 years, of which 12.5 years or more are spent in service in the Armed Forces.

To grant a long service pension based on a total of 25 years of work experience, at least half of which is in military service, the person must be 45 years of age at the time of separation from service.

Another basis for receiving pension support from the state is a disability acquired during military service or that manifested itself after its completion for reasons directly related to it. At the same time, only disabled men over 60 years of age and women with disabilities can count on an unconditional life sentence of this type. disabilities not younger than 55 years old. A special examination may establish that a person who has not reached this age is no longer disabled - in this case, the payment of this pension is terminated.

If the death of a serviceman occurred in connection with the performance of his professional duties, the state takes upon itself the financial support of the persons whose breadwinner he was. These include dependents of the Defender of the Motherland - children, brothers, sisters and grandchildren under 18 years of age, a non-working spouse caring for children under 14 years of age, and other categories of relatives who, for one reason or another, are unable to provide for themselves.

Calculation of the amount of pension provision for a military personnel

Article 43 of Law No. 4468–1 establishes as the basis for calculating pension support the monetary allowance of a military personnel, which includes the following components:

official salary;
salary according to military or special rank;
monthly bonus for long service.

In the same article of the normative act, the value of monetary allowance for the purpose of determining the amount of a pension is established from the beginning of 2012 at 54% of the real amount with an annual increase of 2% until the 100% value is reached. Depending on the inflation rate, the annual increase may be adjusted upward.

The calculation of the size of the long-service pension is carried out in the following way: twenty years of service in the Armed Forces provide the future pensioner with 50% of the nominal amount of salary, each additional year of service gives an increase of 3%, but not exceeding 85% in total.

Military personnel with a “mixed” 25 years of work experience are also entitled to half the salary, while the bonus for each year over such length of service is 1%.

The disability pension is determined on the basis of monetary allowance in a similar way. His share allocated to pension payments, is calculated depending on the degree of limitation of the serviceman’s physical capabilities and the reasons that caused this condition.

Reduction material support military pensioners

In addition, the initiative group in its complaint Special attention drew attention to the existing exceptions to the procedure for calculating the amount of pension provision - in particular, the mentioned coefficient is not used to determine the amount of pensions for employees of the military prosecutor’s office and military bodies Investigative Committee of the Russian Federation, as well as judges of the Military Collegium of the Supreme Court of the Russian Federation and military courts.

The reaction of the highest authority was to refuse to recognize the provisions outlined in the complaint as contrary to the Constitution. He was motivated by the fact that the current legislation does not contain clauses that in one way or another determine the reduction of pension support for military pensioners, and the exclusion from the general principle of certain categories of employees of military institutions is associated with the peculiarities of their activities and specifics legal status. What exactly this specificity is was not explained in the answer.

The Russian pension system is full of ambiguities and contradictions. Nevertheless, any citizen of the country who has devoted many years to work for its benefit can apply for well-deserved financial support, and knowledge of the principles and patterns of functioning of this system will help to achieve the cash payments provided for by law as quickly and efficiently as possible.

Video about providing housing for military personnel:

Mar 30, 2018 Help manual

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Employees of the state structure of the Ministry of Internal Affairs are classified as civil servants. According to Russian legislation, all civil servants are accrued pension benefits for length of service, and not for old age, as for other able-bodied citizens. The article will discuss increasing the length of service of employees of the Ministry of Internal Affairs.

An order to increase seniority and what it means

The concept of length of service is understood as a certain period of work of a person in a government structure, after which he has the right to go on vacation with the provision of a lifetime pension.

Legislative provisions relating to service in the Ministry of Internal Affairs

Order civil service within the structure of the Ministry of Internal Affairs is regulated by the federal law of 2011. Accrual of length of service, according to Article 38 of the Federal Law, is necessary for:

calculating the monthly allowance;
appointments ;
lump sum benefit after dismissal;
provision of additional vacation days;
incentives;
nomination for awards;
providing others social benefits, payments and guarantees.

Accordingly, all calculations are based on the established mandatory number of years of work in the Ministry of Internal Affairs.

The work activities of employees of this government structure are very extensive and have varying levels of severity and responsibility. Therefore, there is the concept of preferential inclusion of certain years in the total length of service.

According to the same Article 38 of the law, the following periods can be taken into account in the work experience in the form of preferential enrollment:

A person’s services in certain positions that are considered harmful according to the legislation of the Russian Federation.
Services under special conditions provided for by Russian legislation.
Services in the territories Far North and territories equivalent to them.

When taking into account the general preferential length of service According to the new project, the following types of activities of employees of the Ministry of Internal Affairs are taken into account:

Work in the structural divisions of the Ministry of Internal Affairs itself.
Periods for filling government positions.
Filling positions in customs authorities.
Work in the prosecutor's office.
Working as a judge.
Time spent studying vocational education in higher or secondary special education educational institution no more than 5 years.
Probationary period for employment in the Ministry of Internal Affairs.
Filling executive positions.
All business trips.
Periods of suspension of activities of an employee of the Ministry of Internal Affairs.
Military service.

Read about indexation of military pensions.

Based on the listed periods of work of the employee, the length of service of an employee of the Ministry of Internal Affairs must be at least 20 years for retirement.

But if an employee has an age limit and he no longer has the right to hold this position due to his age, then it must meet the following requirements:

the total work experience must be at least 25 years, half of which must have served in the Ministry of Internal Affairs;
when serving in the Ministry of Internal Affairs for all 12.5 years, the employee had to be certified accordingly, he had to be awarded a special or military rank;
The citizen must be at least 45 years old.

Only if all 3 conditions are met can a long-service pension be assigned to a citizen who has less length of service.

If one or more conditions are not met, then the citizen has the right to apply for an old-age pension if he meets the necessary conditions. If a citizen does not meet the requirements for both types of pensions, he will be assigned.

Latest changes in the Federal Law of the Russian Federation on increasing the length of service of employees of the Ministry of Internal Affairs

The federal bill regulating the procedure for service in the Ministry of Internal Affairs was amended in April of this year. These changes have already come into force in July and are still in effect.

The first changes began back in 2011, when the reform of the Ministry of Internal Affairs began. Then the police were renamed the police, and serious staff changes and personnel changes took place.

Currently, changes have been made in 2 main areas:

increasing seniority;
raise employee wages.

Read about long-service pension.

It is planned to increase the length of service required for retirement in 2 stages. Currently, this experience must be at least 20 years.

Until the beginning of 2019, all employees of the Ministry of Internal Affairs can retire on a well-deserved basis, having served in the Ministry of Internal Affairs for 20 years. If they continue their service, they are awarded bonuses in the amount of one-fourth of their future pension.

The second stage will begin at the beginning of 2019, when the mandatory length of service will increase by 5 years and employees of the Ministry of Internal Affairs will be able to retire only after 25 years of service.

Pension benefits are currently calculated as the sum of salaries by position, rank and multiplied by a reduction factor. It currently stands at 69.45%. From the beginning of 2018 it will be 72.23%.

The salaries of employees of the Ministry of Internal Affairs should increase every year, despite the increase in the minimum required length of service. The following increases are planned over the coming year:

the first increase in February 2018 by 7-8 percent relative to the total income of employees;
the increase will occur due to an increase in salaries and allowances.

Who is entitled by law to additional allowances and preferential payments according to the project on increasing length of service?

Currently, the amount of the bonus depends on the age, status and marital status of the employee. Additional allowances are given to those who have:

1 dependent 32%;
2 dependents – 64%;
3 – 100%.

In addition, a 100% premium is given to elderly disabled people who have lived to 80 years of age and disabled people of group 1.

One-time payments to pensioners

Since the beginning of this year, additional one-time payments in the amount of 5,000 rubles have been introduced for pensioners of the Ministry of Internal Affairs. This payment is due to absolutely all employees of the Ministry of Internal Affairs, and it is of an undeclared nature. It must be accrued as a one-time payment to all relevant persons.

The annual payments of “13 salaries” will also remain.

Read also about the value of the individual pension coefficient.

How is seniority calculated for military personnel to retire?

This category of civil servants includes citizens who perform their official activities in the military units of our country. Military experience is a special type of experience awarded to employees of the FSB, army and other law enforcement agencies.

What is required for pension provision - calculation

To receive pension benefits, these citizens must meet the following requirements:

length of service of 20 years;
or work experience of 25 years and half service in the military forces.

Military personnel who served not only in Russian Federation, but also in the USSR.

Military pensions include employees of the following structures:

criminal services;
foreign intelligence;
fire service;
construction and engineering troops;
civil defense troops.

A serviceman becomes a pensioner only when he receives an official order to transfer to the reserve.

In addition to the listed military service, length of service includes the following periods:

service in the security forces of the CIS countries;
time of illegal detention;
breaks in service;
service in the FSB and other similar departments of Russia and the USSR;

In some cases, preferential crediting of work experience in an increased amount is provided. These situations are covered by law:

difficult working conditions, such as parachute jumping, flying service;
service associated with constant presence near nuclear weapons;
work related to the elimination of the consequences of nuclear accidents;
service in the territories of the Far North and in areas equivalent to them;
time of participation in hostilities.

The calculation of length of service for retirement is carried out by the competent authorities of the structure where the employee worked before being transferred to the reserve. For correct accrual, the employee must provide all evidence of his official activities.

Pension benefits are calculated similarly to employees of the Ministry of Internal Affairs. Salaries by position and rank are summed up and multiplied by the bonus for length of service. If the length of service was mixed and the length of service is less than 20 years, then the allowances are taken from the amount of the social pension.

The main point is that the pension cannot exceed 85% of the average monthly income during service.

Supplements to the basic pension are subject to:

1 100 %;
for reaching 80 years of age 100%;
WWII participants 32%;
for dependents: three – 100%, two – 64%, one – 32%.

To receive these bonuses, there is a mandatory condition that pensioners should not be employed as civilians. Also, if the second parent is a pensioner, then the family loses allowances for dependents.

Every year, the reduction factor established when assigning a pension should increase by an average of 2% until it reaches 100%. This year it was 69.45%, and next year it will be 72.23%.

Read about work experience for retirement.

Thus, the calculation of pensions for military personnel does not differ from those for employees of the Ministry of Internal Affairs.

Benefits and payments, pension supplement according to the new bill

To attract personnel to the structure of the Ministry of Internal Affairs, the state provides them not only with prestigious wages and a guaranteed pension, but also with additional benefits and privileges. The main ones include:

obtaining housing ownership or social rent;
medical and sanatorium treatment;
support for families in the event of the death or disappearance of an employee of the Ministry of Internal Affairs.

Under certain conditions, employees of the Ministry of Internal Affairs and their families may be provided with ownership of an apartment or other residential premises purchased at the expense of budgetary funds of the structure where the employee serves. This right can be exercised by:

family members of an employee who died while on duty, or who died from an illness or injury received during service;
employees who received group 1 or 2 disability as a result of performing official duties.

In this case, widows after remarriage lose the right to this property.

If the family of an employee who serves in the Ministry of Internal Affairs is recognized as in need of housing, they can receive real estate for social rent with the subsequent transfer of this apartment to municipal ownership.

Also, an employee with his family or alone has the right to rent housing in the locality at his place of service, without using the right to social housing. Or using this right if he proves that during his service he cannot get to social housing every day.

For widows, these rules also apply only until remarriage.

In the event of the death of an employee of the Ministry of Internal Affairs, his family receives the right to compensate the full cost of the following utilities:

payment for repairs to their individual home;
payment for repairs of an apartment building;
payment for fuel and its transportation if the family lives in a house without central heating;
installation and use of landline telephone and radio;
all utilities.

Widows are deprived of this right upon remarriage.

Employees of the Ministry of Internal Affairs have the right to receive free medicines, prostheses and other necessary medical products, as well as for free provision medical care in specialized medical organizations. His family and dependents have the right to free treatment and free medications when treated on an outpatient basis.

After an employee of the Ministry of Internal Affairs has completed 20 years of service, he and his family have the right to receive free vouchers to a sanatorium at least once a year. If an employee did not have time to earn this length of service due to a disability that occurred during the performance of his official obligations, the cost of the trip to him and his family will cost 25% of the total cost.

In the event of the death of an employee of the Ministry of Internal Affairs while on duty or due to injury or illness caused during service, his family has the right to:

Compensation for expenses for moving to another place of residence with transportation of up to 20 tons of property.
Monthly allowance for children.
Annual allowance for summer camp for children.

Cash compensation once a year to the burial place of an employee of the Ministry of Internal Affairs and to a sanatorium-resort organization. This compensation applies to all types of transport, except taxis.

In addition to benefits, employees of the Ministry of Internal Affairs are also entitled to payments:

financial assistance once a year;
business trips;
in case of forced professional temporary relocation, allowances, daily allowances and compensation for using your own transport are paid;
the cost of travel by all paid modes of transport except taxis (to a medical resort center, to a medical institution);
for employees of the Ministry of Internal Affairs of the territories of the Far North, travel is paid once a year to any place on vacation in Russia and 1 more family member;

In addition, a one-time benefit is provided for dismissed employees. It amounts to 7 salaries for those with work experience of more than 20 years and 2 salaries for other persons.

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conclusions

The state pays good additional payments for the fact that employees of the Ministry of Internal Affairs continue their work, despite the opportunity to retire. In addition, pension payments for this category of citizens are among the highest compared to other government employees.

But recently, state policy has been aimed at increasing the retirement time of people. And first of all, this reform affected employees of the Ministry of Internal Affairs. From 2019, the length of service for retirement will be increased to 25 years.

But along with this innovation, employees of the Ministry of Internal Affairs continue to have high wages, which the state also promises to increase annually. And on the plus side, employees of the Ministry of Internal Affairs and their families have a wide list of benefits and privileges that are not available to every citizen of Russia.

Pension payments for military personnel are good government support for this category of citizens after their dismissal from their home department. However, the advantage of a pension for military personnel is not only that it is higher than that of other citizens of the country, but also that this category of people can retire to a well-deserved retirement much earlier than they reach the generally accepted retirement age.

A serviceman has the right to receive a pension after serving 20 years in the armed forces, in other words, to retire based on his length of service. However, recently there has been more and more talk in the Russian government about increasing the length of service by 5 years, that is, the minimum service life will be 25 years. Will this project be accepted and will it come into effect in 2018? Let’s try to understand this issue.

Increasing the length of service of military personnel

It was proposed to increase the lower threshold of length of service back in 2013, and two years later the government of our country even raised the issue of making the length of service 30 years, but such a proposal was not approved.

Then the president's intervention in this issue forced officials to develop a number of amendments, but it is argued that this issue is not being considered in connection with raising the general retirement age. But some publications prove that members of the government who are members of the social bloc suggest that reforming the system, which governs retirement earlier than the generally accepted date, will avoid or temporarily delay the increase in the general age threshold for retirement. This will happen due to the fact that pension payments to military personnel will be significantly reduced.

Specificity of the bill

How will the projects differ? IN this moment For 20 years of service, a serviceman is assigned a pension amounting to 50% of his salary. The annual increase for the 20th length of service is 3% of the allowance described above, but the benefit cannot exceed 85% of the military’s salary.

In the new draft law, 65% is accrued for 25 years of service, and another 3% for each year exceeding the minimum length of service, but the maximum amount of security should not exceed 95% of allowance.

A serviceman may retire from the armed forces on one of the provided preferential grounds, which include:

reaching the maximum age to serve in the armed forces;
a disease confirmed by a military medical commission;
organizational and staffing activities.

In this case, he is provided with a pension for length of service, the amount of which will be 50% of the financial resources described above, subject to 20 years of service, and 3% for each year exceeding it, but not more than 95%.

Indexation of salary and pensions

The federal law, which provides for an annual increase in salaries for positions and ranks, has not been implemented for a long time. Since 2013, the increase in military support has been achieved through a reduction factor. Its annual growth is prescribed in legislative acts (in 2017 it was 72.23%), thanks to it over 5 years pension benefits increased by 30%.

When is the Federal Law planned to be adopted?

It is still unclear when the law will be adopted and the new length of service will begin to apply from 2018 or 2019. It also defines a transition phase, which should last 5 years until 2023. It is necessary to adapt military personnel to new system retirement. Citizens who are subject to the action described in the legislation of February 12, 1993 have the right to retire with 20 years of service under special conditions that operate until the new project comes into effect in 2023.

The Kommersant publication reports that according to information received from a source close to the presidential administration, interdepartmental approvals of the bill on increasing the minimum length of service have been completed. A fundamental decision on this issue has been made, so the likelihood of an increase in the minimum length of service threshold in the near future is very high. However, the submission of the project to the State Duma was planned for September, but it is November, and the project has not been adopted.

Many media outlets claim that the question of how long to serve now will be considered only after the election of the President of the Russian Federation.

Conducted opinion polls show that more than 80% of people surveyed do not support increasing the length of service for military personnel, so it is far from a fact that such a painful event will take place completely calmly. A huge number of military personnel and members of their families do not want to quietly watch how their length of service increases and some of the benefits provided for difficult service in the armed forces are taken away.

If you have any new information about increasing seniority, want to ask a question or comment on an issue raised, welcome to the comments block. We will be happy to discuss the issue raised in the material with you.

An interesting figure slipped through in the draft amendments to the apparently Federal Law “On Military Service”, 95% of the allowance limit for the military pension. For this it will be necessary to have military service at 35 years old. Currently, the pension limit for military personnel is 85%, or just under 32 years of service. But as you know, the army almost doesn’t count, let’s take the figure of 32 years.

We get the result: the pension under the amended law will be higher for military personnel according to the length of service. I wonder if in five transition years our pension will also be recalculated, because, for example, I have more than enough length of service for a new 95% pension...

As Kommersant learned, the departments that provide for military service have agreed on a bill to increase the lower limit of length of service that gives the right to receive a military pension from 20 to 25 years. The government believes that such a maneuver will save “hundreds of billions of rubles annually.” It is assumed that new law will come into force on January 1, 2018, however, to adapt military personnel to new conditions, a transition period is provided that will last until 2023.

Kommersant reported on June 15 that the development of a bill providing for amendments to the law of February 12, 1993 No. 4468-1 (“On pension provision for persons who served in military service ... and their families”) had begun. Then sources in the departments of the security bloc said that such a document was being jointly developed by the Ministry of Defense, the Russian National Guard, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, authorities of the criminal correctional system and other structures within the framework of the May order of President Vladimir Putin, but on At that time, no specifics were provided.

Two months later, the departments’ proposals were formalized in the form of a bill (a copy is at Kommersant’s disposal). It involves making changes to Part 1 of Art. 13 (conditions determining the right to a long-service pension): here we are talking about increasing the period of service military service, required to receive a military pension, from 20 to 25 years. Proposed changes to Part 1 of Art. 14 describe the size of pensions that military personnel can count on depending on their length of service. So, now, for 20 years of service, a serviceman receives 50% of the salary provided for in Art. 43 of the law (the amount is based on the salary of the officer’s rank, the salary of his military position, the percentage bonus for length of service and the indexation of his salary). And for each year of service over 20 years, 3% of the amount of the stipulated allowance is due, but not more than 85%.

In the new bill, the numbers change: for 25 years of service, military personnel will be able to count on 65% of the amount provided for by the same article. 43, and for each year beyond this period - 3%, but not more than 95% of the allowance. For military personnel discharged upon reaching the age limit for service, for health reasons, due to illness (according to the conclusion of the military medical commission) or in connection with organizational and staffing measures, but having 20 years of service on the day of dismissal, payments are also provided. The document states that for 20 years of service they will receive 50% of the “corresponding amounts of monetary allowance,” and for each year of service - 3%, but in total no more than 95% of the specified allowance.

Let us recall that the idea of increasing the lower limit of length of service has been discussed in the government with varying degrees of intensity over the past five years, but the matter has never reached the point of making a final decision. The last time the military proposed a maneuver was in 2013, but it turned out that the federal budget would not be able to afford money for the transition period to adapt the military to the new pension scheme. According to a Kommersant source in the financial and economic bloc of the government, the adoption of this law will save hundreds of billions of rubles for the budget, which in difficult conditions will be “a real breath of air.”

The law itself, as proposed by the departments, will have to come into force on January 1, 2018. True, the latest version of the bill also provides for a transition period of five years for military personnel. Persons covered by the law of February 12, 1993 retain the right to retire for long service and to receive a corresponding pension under the conditions “in force before the entry into force of this law until January 1, 2023.” The State Duma may consider the bill as early as September (starts work on September 11). A Kommersant source close to the presidential administration said yesterday that a fundamental decision to increase the lower limit of length of service for military personnel has been made. He added that “some subtleties will be agreed upon between departments, but in general the concept has already been built” and “no negative reaction is expected on the eve of the elections.”

The communities of active military personnel and military pensioners continue to discuss information reported by many sources and which is the issue of increasing the minimum length of service to acquire the right to a military pension from 20 to 25 years

What is known about the bill so far and what does it mean for active military and military retirees? Let us explain and bring together all the conflicting information.

Sources claim that a fundamental decision on the issue of increasing the minimum threshold for obtaining the right to a long-service pension has already been made. This is very similar to the truth, because the document was developed by the Ministry of Defense and the heads of the State Duma and Federation Council committees know about them and even spoke out on this matter.

For example, the first deputy chairman of the Federation Council Committee on Defense and Security, Franz Klintsevich, believes that such a bill will increase the responsibility of those entering the service of law enforcement agencies. “Increasing the lower limit of length of service, which gives the right to receive a military pension, will weed out the “runners” and “swallows” for five years,” he told Kommersant. “That is, they will think before going to work in the law enforcement agencies.”

That is, such a bill exists and talk about it is not idle speculation.

It should be noted that the bill is very significant for both active military personnel and military retirees.

For active military personnel

This is a fundamental question. For example, for those who are deciding whether to sign a new contract or not... The whole point is that the serviceman has a “twenty”, and if he signs a contract and the bill is passed, will he lose the right to a pension, since the minimum length of service will be delayed with 20 to 25 years old. This is what confuses the military when deciding to sign a new contract.

The latest version of the bill also provides for a transition period of five years for military personnel. Persons covered by the law of February 12, 1993 retain the right to retire for long service and to receive a corresponding pension under the conditions “in force before the entry into force of this law until January 1, 2023.”

That is, in theory, for those who have already acquired the right to a pension with 20 years of service, the law should not apply. But in Russia anything can happen...

For military pensioners

There are no other significant changes in the available document that would affect military pensioners. But…

There is information that the cash bonus for length of service, which directly affects the calculation of military pensions, may change. Now it is calculated as follows:

Amount (calculation procedure) of payment:

From 2 to 5 years - 10%;

From 5 to 10 years - 15%;

From 10 to 15 years - 20%;

From 15 to 20 years - 25%;

From 20 to 25 years - 30%;

25 years or more - 40%;

Regulations:

Decree of the Government of the Russian Federation of July 18, 2000 No. 538;
Decree of the Government of the Russian Federation of December 21, 2011 No. 1074.

Orders of the Minister of Defense of the Russian Federation:

Order of the Ministry of Defense of the Russian Federation dated December 30, 2011 No. 2700.

In the new version, supposedly, there are changes in this regard in which the percentage bonus for length of service will return to the old versions and will reach 70%, that is, the gradation of time limits for changing the percentage bonus figures will expand.

What can be said with 100% certainty:

The bill has not yet been submitted to the State Duma. There is information that it will be introduced after the 2018 elections.
There will be a law, since a fundamental decision has been made and key approvals have been completed.
The bill can be instantly adopted by the State Duma; we now have no doubt in its abilities...
The bill brings very significant changes for military personnel and military retirees.
We served in the army of Peter I for 25 years, which is very symbolic)))
We're watching!