Project

RUSSIAN FEDERATION

THE FEDERAL LAW

Article 1

Add to Law Russian Federation from
February 12, 1993 No. 4468-1 “On pension provision persons who passed military service, service in internal affairs bodies, the State Fire Service, bodies for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, 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; 1995, no. 4693; 2002, no. 3033; 50, Art. 6232) the following changes:
1) in part 1 of article 13:
a) in paragraph “a” the words “20 years” should be replaced with the words “25 years”;
“c) persons specified in Article 1 of this Law, dismissed from service upon reaching the age limit for service, health conditions, due to illness - on the basis of the conclusion of a military medical commission on unfitness for service or in connection with organizational and staffing measures who on the day of dismissal from service had length of service in the military service, and (or) in the service in internal affairs bodies, and (or) in the service in the State Fire Service, and (or) in the service in the authorities for control of the circulation of narcotic drugs and psychotropic substances substances, and (or) in service in institutions and bodies of the penal system for 20 years or more.”;
2) in part 1 of article 14:
a) in paragraph “a” the words “20 years or more: for 20 years of service - 50 percent of the corresponding amounts of monetary allowance provided for in Article 43 of this Law; for each year of service over 20 years” replace with the words “25 years or more: for 25 years of service - 65 percent of the corresponding amounts of monetary allowance provided for in Article 43 of this Law; for each year of service over 25 years";
b) add paragraph “c” with the following content:
“c) to persons specified in Article 1 of this Law, dismissed from service upon reaching the maximum age for service, health conditions, due to illness - on the basis of the conclusion of a military medical commission about unfitness for service or in connection with organizational and staffing measures who have 20 years of service or more on the day of dismissal from service: for 20 years of service - 50 percent of the corresponding amounts of monetary allowance provided for in Article 43 of this Law; for each year of service over 20 years - 3 percent of the specified amounts of salary, but in total no more than 85 percent of these amounts.”

Article 2

Amend to Article 2 of the Federal Law of November 7, 2011
No. 306-FZ “On monetary allowances for military personnel and provision of individual payments to them” (Collected Legislation of the Russian Federation, 2011, No. 45, Art. 6336) the following changes:
a) paragraph 13 should be stated as follows:
"13. The monthly bonus for length of service to the salary is established in the following amounts:
1) 5 percent – ​​for service from six months to 1 year;
2) 10 percent - with service from 1 to 2 years;
3) 25 percent - for service from 2 to 5 years;
4) 40 percent - with service from 5 to 10 years;
5) 45 percent - with service from 10 to 15 years;
6) 50 percent - with service from 15 to 20 years;
7) 55 percent - with service from 20 to 22 years;
8) 65 percent - with service from 22 to 25 years;
9) 70 percent - with service of 25 years or more.”
b) add clause 13.1 with the following content:
"13.1. Military personnel - citizens of the Russian Federation with 25 years of service or more - are paid a monthly bonus in the amount of 25 percent of the pension that could have been assigned to them in the event of their dismissal from military service.
The amount of the bonus increases by three percent for each year in excess of the established minimum length of service giving the right to receive a pension, but not more than 50 percent of the pension that could be assigned to persons discharged from military service.”

Article 3

Upon dismissal from military service and other types of federal public service before January 1, 2019, for persons who are subject to the Law of the Russian Federation of February 12, 1993 No. 4468-1 “On pension provision for persons who served in military service, service in internal affairs bodies” , State Fire Service, authorities for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families,” the right to retire for long service and to be assigned a pension for long service under the conditions in force before joining this Federal Law comes into force.

Article 4

This Federal Law comes into force on January 1
Explanatory note
to the project federal law“On amendments to certain legislative acts of the Russian Federation”

The currently valid norms of the Law of the Russian Federation of February 12, 1993 No. 4468-1 “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families" (hereinafter referred to as Law No. 4468-1) provide for the possibility of dismissal from military service with the right to a pension for length of service (clause "a" of part 1 of Article 13 of Law No. 4468-1) of military personnel and employees who, on the day of dismissal from service, have served in military service and other types of federal public service for 20 years or more (including in preferential terms).
The main idea of ​​the bill is to secure highly qualified military personnel and employees in the federal public service. Since in most cases, specialists with 20 years of service or more have the necessary amount of knowledge, skills and experience, and are also capable of performing the tasks assigned to them at a high professional level.
To implement the mentioned idea, it is proposed to increase the number of military personnel serving under contract, employees with special ranks and serving in the internal affairs bodies of the Russian Federation (hereinafter referred to as the internal affairs bodies), in institutions and bodies of the penal system, in the federal fire service of the State fire service, authorities for control over the circulation of narcotic drugs and psychotropic substances and customs authorities of the Russian Federation, as well as prosecutors, scientific and pedagogical workers from among prosecutors, employees Investigative Committee The Russian Federation lower limit of length of service giving the right to a long service pension (clause “a” of Article 13 of Law No. 4468-1), from 20 years to 25 years and, as a result, adjust the size of this pension.
In order to prevent changes to the current legal regulation that have an adverse impact on the legal status of citizens, to comply with the principle of maintaining citizens’ trust in the law and the actions of the state, to provide citizens with the opportunity to adapt to the changes made during the transition period, the bill provides for the establishment of an “increased” amount of the monthly supplement for length of service, an additional monthly bonus of 25 percent of the pension that could be assigned to them in the event of their dismissal from military service, as well as to retain the right to retire for long service and assign an appropriate pension to persons covered by Law No. 4468- 1, in case of their dismissal before January 1, 2019 from military service and other types of federal public service.
The mechanism for implementing the Federal Law is determined by decrees of the President of the Russian Federation, decrees of the Government of the Russian Federation, and legal acts of federal government bodies.

2014.

The president
Russian Federation V. Putin

On the procedure for calculating pensions.

From January 1, 2012, a new procedure for determining monetary allowance for calculating pensions was established by law. From this date, 54 percent of the corresponding amounts of salary were used to calculate the pension, which includes: salary according to position, salary according to rank and percentage bonus for length of service. According to the law, the amount of monetary allowance taken into account for calculating pensions increases annually by at least two percent. Therefore, from January 1, 2013, 56 percent of the amount of monetary allowance was used to calculate the pension; from October 1, 2013, according to the Law of the Russian Federation of December 3, 2012 No. 216-FZ “On the federal budget for 2013 and for the planning period of 2014 and 2015” on 58.05 percent and from January 1, 2014 - 60.05 percent.

The further procedure for determining the size of pensions remained the same, that is, for 20 years of service - 50 percent of the corresponding amounts of salary, for each year in excess - 3 percent. The maximum pension amount is 85 percent.

The pension divisions of the Ministry of Internal Affairs of Russia recalculated pensions from January 1, 2014, payment documents were sent to the bank so that the payment of January pensions, traditionally made in December, was made in new amounts.

From October 1, 2014, it is planned to increase the share of monetary allowance taken into account for calculating pensions to 62.12 percent, which will increase pensions by 7 percent by the end of 2014. The procedure for calculating monetary allowance for assigning a pension is the same for everyone, regardless of the time of dismissal, and also for those who are currently resigning from the internal affairs bodies.In addition, pensions, as before, will be indexed simultaneously with an increase in pay for serving employees and military personnel. Therefore, when salary increases, pensions for pensioners will be recalculated at the same time.

The procedure for using saved salaries for calculating pensions

Previously, according to Article 16 of the Regulations on Service in the Internal Affairs Bodies of the Russian Federation, when an employee who has served for 15 years or more is transferred to a lower position in the interests of the service, he retains the salary of his previously held position. This salary cannot be taken into account for the purpose of a pension, since this is not provided for by law. The salary for a previously held position for the purpose of a pension can be taken into account only if the following conditions are met: on the day of transfer, the employee must be a colonel, hold the previous position for at least 3 years, have the right to a pension on the day of transfer and be transferred by decision of the Minister of Internal Affairs of the Russian Federation. This norm is enshrined in Decree of the Government of the Russian Federation No. 941 of September 22, 1993.In the absence of at least one of the listed conditions, the pension is assigned from the salary of the last full-time position.Currently, in accordance with Article 30 of the Federal Law of November 30, 2011 No. 342-FZ “On service in the internal affairs bodies of the Russian Federation and amendments to legislative acts of the Russian Federation”, in order for an employee transferred to a lower position to maintain the salary for the previous position, the duration service doesn't matter. The official salary is maintained subject to the employee being transferred to a lower position for health reasons in accordance with the conclusion of the military medical commission; in connection with the reduction of the position being filled by an employee; in connection with the restoration of an employee to the position that he previously filled, if this position is replaced by another employee and there is no equivalent position; due to refusal to transfer to an equivalent position in the rotation order.

Payment of the retained official salary is made until the employee has the right to receive a higher official salary due to its increase in the prescribed manner or the appointment of the employee to a position with a higher salary.However, this salary is not applied when assigning a pension. Employees of financial departments should remember this when issuing cash certificates for persons dismissed from internal affairs bodies with the right to a pension.The retained salary for the purpose of pension is applied only if the above conditions are met.

About pensions taking into account the general length of service

To assign a pension in accordance with paragraph “b” of Article 13 of the Law of the Russian Federation of February 12, 1993 N 4468-1 “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, drug control agencies and psychotropic substances, institutions and bodies of the penal system, and their families" the previous conditions remained:

On the day of dismissal from service, it is necessary to have a total work experience of 25 calendar years, of which 12.5 years of service in uniform;

Be dismissed due to age, illness or redundancy;

Be 45 years of age.

In practice, only one thing has changed for employees: according to the new Service Law, the majority of employees cannot be dismissed due to age before 50 years. Therefore, at 45 years old, retire at mixed experience an employee can leave by resigning due to illness or staff reduction, and by age, accordingly, no earlier than 50, for colonels - 55 years. The procedure for calculating this pension also remains the same; for 25 years - 50 percent, for each year in excess - 1 percent.

Pension from the Pension Fund of the Russian Federation for existing work experience not taken into account by the Ministry of Internal Affairs

If a pensioner of the Ministry of Internal Affairs of Russia continues to work after dismissal from the internal affairs bodies in civil organizations, or has a work experience of at least 5 years before entering service in the internal affairs bodies, and has also reached the generally established retirement age (55 women, 60 years old - men), then he is assigned a pension through the Ministry of Internal Affairs of Russia by the territorial bodies of the Pension Fund of the Russian Federation insurance part old-age labor pension. The amount of this pension depends on insurance contributions.

If employees and military personnel are dismissed without the right to a pension, then when they retire civil pension, the Ministry of Finance of Russia transfers insurance contributions to the Pension Fund to the accounts of these citizens during their service. This is provided for by the Law of the Russian Federation of June 4, 2011. No. 126-FZ.

On increasing the size of pensions for certain categories of pensioners

After the increase in pensions from January 1, 2012, there was no increase in pensions for some categories of pensioners in the event of loss of a breadwinner and group 3 disability. These pensioners have retained the monthly additional payment in the amount of 1000 rubles, previously paid to all pensioners according to the Decree of the President of the Russian Federation of February 18, 2005. No. 126 and a bill has been prepared providing for an increase in pensions for the loss of a breadwinner and for group 3 disability from illness by 10 percent. This bill was prepared by the Russian Ministry of Justice, repeatedly returned for revision, and is now with the Government, being prepared for submission to the State Duma.

On changing the conditions for assigning a long-service pension

On behalf of the Russian Government, the Ministry of Defense, together with other power ministries, has prepared a bill providing for the appointment of a pension for 25 years of service. The draft, which was posted on the Internet, indicated the entry date of January 1, 2014. However, this bill is at the development stage and has not been agreed upon by the federal executive authorities, so its entry into force from the specified date is impossible, because the procedure for passing the bill takes time. The bill must be agreed upon with all executive authorities, then submitted to the Government, then to the State Duma (three readings), approved by the Federation Council and, finally, signed by the President. This is a difficult and lengthy procedure.

The draft law provides for a transition period of two years for those who, on the date of its entry into force, will have 20 years of service, including in preferential terms. However, it is not a fact that the law will remain in this form, because work on it has just begun.

About insurance payments

In connection with changes in salary parameters, from January 1, 2012, new amounts of insurance payments were established for compulsory state life and health insurance for employees and members of their families.

Since January 1, 2013, they have been indexed by 5.5 percent. So, when insured event Insurance payments are made in the following amounts:

in the event that the insured person receives a severe injury (wounds, injuries, concussions) during service - 211 thousand rubles, a minor injury (wounds, injuries, contusions) - 52,750 rubles;

in the event of death of the insured person during the period of service or before the expiration of one year after dismissal from service due to injury (wound, trauma, concussion) or illness received during the period of service - 2 million 110 thousand rubles per family;

if the insured person is diagnosed with disability during the period of service or before the expiration of one year after dismissal from service due to injury (wound, injury, contusion) or illness received during the period of service:

disabled person of group I - 1,582,500 rubles;

disabled person of group II - 1,055,000 rubles;

disabled person of group III - 527,500 rubles.

Due to the fact that since 2012, all departments of internal affairs bodies have been financed from the federal budget, a competition to select a company that provides life and health insurance for employees of internal affairs bodies is held by the Russian Ministry of Internal Affairs.

Now the Russian Ministry of Internal Affairs has concluded a contract for three years (2013-2015) with VTB Insurance.

Monthly allowance for women on maternity leave

All social benefits for citizens with children are established by the Federal Law “On State Benefits for Citizens with Children” dated May 19, 1995 No. 81-FZ.

Women serving as privates and commanding officers while on parental leave until the child reaches the age of one and a half years have the right to receive a monthly allowance for the period of parental leave until the child reaches the age of one and a half years.

From January 1, 2007 - the amount of payment of a monthly benefit for the period of parental leave until the child reaches the age of one and a half years to mothers serving as ordinary and commanding personnel in internal affairs bodies is 40 percent of the average monetary allowance received over the last 12 calendar months preceding the month of parental leave.

The procedure for calculating monthly benefits has been determined Decree of the Government of the Russian Federation dated December 29, 2009 N 1100 “On approval of the Regulations on the calculation of average earnings (income, cash allowance) when assigning maternity benefits and monthly child care benefits to certain categories of citizens.”

The law limits the amount of this benefit to maximum minimum and maximum values, which in regions and localities where regional coefficients are applied to wages in accordance with the established procedure are determined taking into account these coefficients.

Currently, mothers serving and on maternity leave are entitled minimum size benefits - 2453 rub. 93 kopecks, maximum - 9815 rubles. 71 kop.

For citizens subject to social insurance, the maximum benefit amount is set at 16,241 rubles.

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Transcript

1 Yuliya Viktorovna Yatskova, teacher of the department of civil law disciplines Law and organization social security. Federal State Educational Institution of Higher Professional Education Perm Institute of the Federal Penitentiary Service of Russia New in pension legislation for employees of the penal system who are entitled to a long-service pension. A pension for long service is usually called a pension, which is established for law enforcement officers with a length of service of at least 20 years (in some cases - 25 years, if there is civil service) regardless of age. Thus, the concept of a long-service pension can be formulated as follows: it is a monthly lifetime cash payment from budget funds, commensurate with the previous salary (salary) of employees, guaranteed by the state, paid in order to compensate citizens for the income they lost due to the termination of their official activities , the right to which is determined in accordance with the law. 1 The introduction of long-service pensions is explained mainly by the peculiarities of service. Thus, service in the penal system (hereinafter referred to as the penal system) is directly related to the risk of life, because involves a person in various extreme situations (hostage-taking, riots, disobedience, etc.). In addition, employees have to work with a special contingent and not simple conditions: “There is no romance in prison life; it is cruelty, suffering, dirt, and a habit is developed towards them, willingly or unwillingly.” 2 Therefore, penal correction system employees often experience deprivation from their service conditions. In addition, the service is often 1 Grigoriev I.V. Social security law: a short course of lectures / - M.: Yurayt Publishing House, p., S. Gribov V. In the prison interior // Veteran (718). P. 14.

2 takes place in a state of psychological tension, against a heightened emotional background, which leads to emotional burnout. Service in the penal system, in addition to education, personal and business qualities, requires excellent physical fitness and excellent health. Therefore, it is no coincidence that the maximum age for service in the penal system is 45 years. Due to age-related changes, employees retire at a fairly young age. And after retirement, employees very often continue labor activity, given the young age of retirement and the economic situation in the country, but no longer “in the system.” Until 2008 citizens who were simultaneously entitled to a long-service pension and an old-age pension were, in accordance with the legislation of the Russian Federation, only one pension of their choice was established. 3 The exception applied only to a certain circle of persons for whom the legislation established the right to receive two pensions at a time. 4 These are citizens who became disabled as a result of a military injury, parents of military personnel who served in conscription, died (died) during military service or died as a result of a military injury, participants in the Great Patriotic War, participants in hostilities, citizens awarded the badge “Resident of Siege Leningrad”, etc. FSIN pensioners working in civilian organizations have repeatedly applied to the Pension Fund authorities to grant them an old-age pension, since they pay mandatory insurance contributions, but do not receive an old-age pension . As a result, it was decided to submit this situation for consideration to the Constitutional Court of the Russian Federation. At the meeting, it was decided that the ban on granting pensioners the right to receive, along with a pension for long service, an old-age pension, which they have earned taking into account the insurance period required for its assignment and the compulsory insurance paid 3 Federal Law No. 166-FZ (ed. o) “On state pension provision in the Russian Federation” Article 3 / ATP Consultant Plus. 4 Ibid.

3 contributions to the Pension Fund of the Russian Federation violates the constitutional rights of working pensioners and is contrary to the law. As a result of the last meeting, it was stated that in order to ensure the implementation of the social rights of military pensioners working under an employment contract, a new legal mechanism should be developed that, in addition to paying a pension under the state pension system, the opportunity to receive the insurance part of the labor pension, taking into account the contributions that are on their personal accounts. accounts in the Pension Fund. 5 As a consequence of this, Federal Law No. 156-FZ dated “On Amendments to Certain Legislative Acts of the Russian Federation on Pension Security Issues” was adopted, which entered into force. This law amended the Law of the Russian Federation dated No. “On Pension Security of Persons” who served in the military, served in the internal affairs bodies, the State Fire Service, agencies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families." Now Federal Law No. 156-FZ “On Amendments to Certain Legislative Acts of the Russian Federation on Pension Issues” establishes that pensioners of law enforcement agencies, if conditions exist for the appointment of an old-age pension, have the right to simultaneously receive a long-service pension and a retirement pension. old age (except fixed size old-age insurance pension), established in accordance with the Federal Law “On Insurance Pensions”. 6 The size of the old-age insurance pension depends on the amount of insurance contributions transferred by the employer and recorded on individual personal accounts of citizens in the Pension Fund. As for the funded 5 Federal Law No. 166-FZ (as amended) “On State Pension Provision in the Russian Federation” Article 3 / SPS Consultant Plus. 6 Federal Law from the Federal Law "On Amendments to Certain Legislative Acts of the Russian Federation on Pension Issues" / SPS Consultant Plus.

4 pensions, then these are pensions that you can independently manage and dispose of. Thus, it can be formed both in the Pension Fund of the Russian Federation under the management of a state management company, and in non-state pension funds. However, at the end of 2013 there were changes in legislation regarding pension provision, which came into force on January 1, 2015. Federal Law 7 was adopted, which affected old-age pensions for employees of the penitentiary system in 2015, namely: the required insurance period for calculating a labor pension was increased. The changes are quite large: from 5 mandatory years continuous experience it is expected to increase to 15 years, which will be carried out in stages over 9 years (until 2024). So, 2015 it is necessary to have at least six years of insurance experience. a requirement has been introduced to have a minimum amount of individual pension coefficients (points) (for 2015 it is set at 6.6 and will be increased annually to 30 in 2025). retirement age(55 years for women and 60 years for men) remained unchanged. If a FSIN pensioner continues to work in a civil organization, while the employer pays contributions from the amount of earnings to the Pension Fund of the Russian Federation, he has the right to an old-age insurance pension if the above requirements are met. If desired, he can also form a funded old-age pension, provided that he was born in 1967. and later. Thus, the current situation is not very optimistic for employees of the penitentiary system, since the minimum length of service for calculating an insurance pension is expected to increase annually 7 Federal Law No. 400-FZ (as amended) “On Insurance Pensions” // “ Russian newspaper", N 6, (add. 1-4),

5 for old age. The insurance length of service for pensioners of the penitentiary system does not include periods of service and other activities taken into account when determining the amount of pension for length of service in accordance with the Law of the Russian Federation of February 12, 1993 I “On pension provision for persons who served in military service, service in bodies internal affairs, the State Fire Service, authorities for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, and their families.” And thus, an employee of the penal system who retires due to length of service must work for another 15 years in civilian life to receive an old-age pension. But not every pensioner can do this (since some retire at 50). And thus, a situation will arise where working pensioners of the penal system who pay mandatory insurance contributions to the Pension Fund will not receive an old-age pension. These changes will not affect those pensioners who have already received the insurance portion of their pension. All adjustments to the accrual principle do not have retroactive effect, accordingly, the right to the aggregate pension payments are saved. Now the laws regulating the procedure for calculating several types of pensions are not coordinated with each other, which ultimately led to a situation in which all former employees who left the penal system upon reaching retirement age and who are working will not be able to receive an old-age pension. This means that their contributions to the Pension Fund are unclaimed. Therefore, in order to protect the rights of law enforcement officers, it is advisable to make appropriate amendments to existing laws. Bibliography 1. Grigoriev I.V. Social security law: a short course of lectures / - M.: Yurayt Publishing House, p.

6 2. Gribov V. In the prison interior // Veteran (718). C Federal Law from the Federal Law "On Amendments to Certain Legislative Acts of the Russian Federation on Pension Issues" / SPS Consultant Plus. 4. Federal Law from the Federal Law (as amended) "On State Pension Provision in the Russian Federation" / SPS Consultant Plus. 5. Federal Law No. 400-FZ (as amended) “On Insurance Pensions” // “Rossiyskaya Gazeta”, No. 6, (Appendix 1-4)


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“OFFICERS OF RUSSIA” sent appeals to the Administration of the President of the Russian Federation, the Government of the Russian Federation, the State Duma and the Federation Council with a proposal to withdraw the bill “On the federal budget for 2018 and for the planning period of 2019 and 2020” in order to increase the indexation of military pensions to 5.2% from January 1, 2018.

On May 7, 2012, Russian President Vladimir Putin signed decree No. 604 “On further improvement of military service in the Russian Federation,” in which the Government of the Russian Federation is ordered to ensure an annual increase in pensions for citizens discharged from military service by no less than 2% above the inflation rate.

Currently, the State Duma has adopted in the second reading draft Federal Law No. 274618-7 “On the federal budget for 2018 and for the planning period of 2019 and 2020,” according to which the inflation rate in 2017 is set at 3.2%. Therefore, to fulfill the requirements of the decree, taking into account the inflation rate of 3.2%, it is necessary to increase the indexation of military pensions to 5.2%.

At the same time, the bill increases pensions for persons discharged from military and equivalent service by only 4% according to the forecast inflation rate in 2018-2020.

Head of the Center for Social and Legal Protection of “OFFICERS OF RUSSIA” Sergey Ermolenko believes that thus, the requirements of the decree of the President of the Russian Federation on the annual increase in pensions for citizens discharged from military service by at least 2% above the inflation rate again remain unfulfilled.

“Moreover, for the past six years. Apparently, in 2018, the Russian Government is once again planning to save on military pensioners, as it proposes to suspend the increase in pensions until January 1, 2019. The organization "OFFICERS OF RUSSIA" receives numerous requests from veterans from different regions of the country expressing dissatisfaction and misunderstanding of how it turns out that the procedure for pension provision provided for by the norms of the current legislation is in fact no longer a subject of attention, much less strict implementation of those government bodies that are directly responsible for its implementation. This is absolutely abnormal when people who have served the country for decades, many with their own blood and health, feel deceived. It’s abnormal for any state in general, and even more so for such a great state as Russia,” said Sergei Ermolenko.

According to him, amendments to the Law of the Russian Federation of February 12, 1993 No. 4468-I “On pension provision for persons who served in military service, service in internal affairs bodies, the State Fire Service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, the troops of the National Guard of the Russian Federation, and their families” in 2012, in violation of the constitutional principle of equality of citizens before the law, a reducing pension coefficient of 0.54% was introduced for military personnel and law enforcement officers.

“As a result of this, military pensioners, unlike citizens performing other types of public service, began to receive half the pension that was assigned to them. At the same time, even the mechanism provided for by this legislative innovation to increase the size of this pension to 100% (for which the pensioner needs to manage to live for about 20 more years) does not actually work. Due to the fact that the 2% increase in the long-service pension provided for by this mechanism is subject to freezing procedures almost on a regular basis,” notes the head of the Center for Social and Legal Protection.

As Ermolenko believes, from 2012 to 2016, contrary to the legislative norm, which has greater legal force, the operation of paragraph 9 of Art. 2 Federal Law of November 7, 2011 No. 306-FZ “On monetary allowances for military personnel and the provision of individual payments to them.” For military personnel, this meant nothing more than a refusal to increase (indexation) their pay in total (over 5 years) by more than 45%. This, in turn, led to the fact that the amounts of long-service pensions paid to former military personnel were not revised in the same proportion (as provided for in Article 49 of the Law of the Russian Federation of February 12, 1993 No. 4468-I).

“In this connection, a logical question arises: if the state finds funds for other purposes, then why does it not find means to realize the rights of its own citizens, the rights which, according to Art. 18 of the Constitution of the Russian Federation represent nothing more than the meaning of the activities of state power in Russia, all its branches. Moreover, in relation to military pensioners. To people who gave to serving the Fatherland best years own life. Often, without regard for this, absolutely nothing.

At the same time, we proceed from the fact that military service is a special type of public service. And, therefore, the state is obliged to treat in a special way those who have chosen their path to serve the Fatherland. That is, take real measures to ensure social protection military personnel. Moreover, we are not talking about receiving something “beyond” what military pensioners already have the right to, but exclusively about providing them with what is already provided for by the existing legislative and other regulatory legal acts of the Russian Federation,” added Sergei Ermolenko .

The head of the Center for Social and Legal Protection also believes that if previously the Government of the Russian Federation refused to fulfill its obligations regarding social guarantees to military pensioners in full due to the crisis, now the situation in the country is different.

“On June 15, 2017, at the special program “Direct Line with Vladimir Putin,” the president said: “First, and very important: we have had economic growth, GDP growth, for three quarters in a row. Modest, but nevertheless from quarter to quarter”, “The recession in Russia has been overcome, the economy has entered a period of growth, by the end of the year the inflation target of 4% will be achieved”, “The crisis in Russia is over, the economy has moved on to growth.” The head of the Russian Ministry of Economic Development, Maxim Oreshkin, said: “We see that the rate of economic growth will accelerate every quarter and reach a value above 2% this fall.”

In this regard, the bill on the federal budget submitted to the State Duma cannot be adopted. Until changes are made to it, providing for an increase from January 1, 2018 in the amount of pensions paid to military pensioners by 5.2%. That is, in strict accordance with Decree of the President of the Russian Federation No. 604. Since the systematic failure to comply with the relevant decree regarding the annual increase in pensions for citizens discharged from military service by at least 2% above the inflation rate discredits the state-guaranteed level of pension provision for military personnel, at which military pensioners could count on recalculation of pension payments above inflation. This means that this practice, unworthy of any self-respecting state, must come to an end.

“OFFICERS OF RUSSIA” propose to the Government of the Russian Federation to withdraw the bill for revision in order to bring the indexation of military pensions from 4% to 5.2% from January 1, 2018, with the subsequent submission of the bill to the State Duma for its adoption,” noted Sergei Ermolenko.

The departments that provide for military service have developed a bill to increase the minimum length of service that gives the right to receive a military pension from 20 to 25 years. This was reported by Kommersant with reference to a source close to the leadership of one of the Russian law enforcement agencies. This information was also confirmed to the publication by an interlocutor at the Ministry of Defense.

The document proposes to amend the Russian law “On pension provision for persons who served in military service, service in internal affairs bodies, the state fire service, authorities for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the criminal correctional system, the Federal Service of National Troops guards, and their families" dated February 12, 1993.

Work on the preparation of the draft law has been carried out since March of this year according to the corresponding decision of Russian President Vladimir Putin. On May 22, the head of the main personnel department of the Ministry of Defense, General Viktor Goremykin, reported on the preparation of documents to the deputy head of the department, General Dmitry Bulgakov, the ministry said.

As a senior official of the presidential administration explained to the newspaper, representatives of all departments related to military service participated in the preparation of the bill. “The topic is very delicate; there are still a number of consultations to be held at the level of the financial, economic and social blocks of the government, as well as all interested parties,” he added.

The publication’s interlocutors did not specify the expected timing of adoption of the amendments, however, in their opinion, it would be logical to adopt the document after presidential elections, which will take place in March 2018.

The authors of the bill also do not disclose the mechanism for increasing the lower threshold of length of service: whether a transition period will be introduced for this is still unknown. It is also unclear how the adoption of the amendments will affect the budget.

The publication clarifies that the adoption of the bill will require amendments to Article 13 of this law (conditions determining the right to a long-service pension) and Article 14 (pension amounts).

At the moment, it is already known that the amendments, if adopted, will not affect those military personnel whose end of contract coincides with the 20th anniversary of their service. Everyone else will have to serve five years longer to be eligible for a military pension.

The idea of ​​increasing the minimum length of service has been discussed for a long time. In 2013, the military proposed dividing this process into two stages: until 2019, pay all military personnel who served more than 20 years, but did not retire, a bonus in the amount of 25% of the pension they could have received, and from January 1, 2019 year to finally establish a 25-year lower limit of service. However, after calculations were carried out at that time, it turned out that the federal budget did not have enough funds for the additional payments necessary for the transition period.

In 2015, the discussion of this issue was resumed by the head of the Ministry of Finance, Anton Siluanov. The government assumed that the period of service required for a military pension could be immediately increased to 30 years, but this option was rejected.

The unstable economic situation observed in Russia three years ago also forced the Ministry of Finance to think about refusing to increase payments to military pensioners.

Siluanov and Defense Minister Sergei Shoigu were able to resolve all issues and find additional funding only after Putin intervened in the situation.

Last month, the head of state signed a law increasing the retirement age for civil servants. According to the document, the retirement age of officials has increased to 65 years for men and 63 years for women. The law also provides for a gradual increase in the minimum period of civil service required for a long service pension from 15 to 20 years.

Now “military pensioners” who, after entering the reserve (retirement) continue to work in positions not related to military service, have the right to a second, “civilian” pension through the Pension Fund of Russia upon reaching the retirement age established by the state (for women - 55 years, for men - 60 years) and the minimum required work experience (in 2017 it is eight years and will increase by one year to 15 years by 2024).

In March, the chairman of the State Duma Committee on Defense, ex-commander Airborne Forces Colonel General Vladimir Shamanov said in an interview with Gazeta.Ru that the average pension in 2016 was: for military service pensioners - about 23 thousand rubles, for law enforcement service pensioners - 17 thousand rubles, for security agencies - 30 thousand rubles.

According to him, to calculate the “military” pension, the salary for a military position or official salary, the salary for a military rank or salary for a special rank and the bonus for length of service (length of service) are taken into account.

The salaries of military judges, prosecutors and investigators are set relative to the salary of the first person of the relevant department. Salaries in other departments are established by decree of the Government of the Russian Federation. At the same time, salaries by rank are the same for everyone, and salaries for standard positions in the Foreign Intelligence Service, the Federal Security Service, the Federal Security Service and the Special Objects Service under the President are approximately 20% higher than in the Armed Forces and other troops and military formations. This is due to the specifics of the tasks performed by these bodies and more stringent selection.

In Russia, there has been no indexation of military pay for more than five years.

“The guarantee of protecting the monetary allowances of military personnel from depreciation has been unfulfilled for the past five years, that is, in fact, for the entire period of validity of the federal law “On the monetary allowances of military personnel and the provision of individual payments to them,” Shamanov explained.

The provisions of this law, which provide that the amounts of salaries for military positions and salaries for military ranks indexed annually taking into account the level of inflation starting in 2013, suspended annually by a separate federal law.

However, according to Shamanov, the indexation of the “military” pension took place by increasing the so-called reduction factor, which, in accordance with Art. 43 of the law “On pension provision for persons who served in military service...” in 2012 was 54%, and from February 1, 2017 it was 72.23%. Its real increase was: for 2013 - by 8.2%, for 2014 - by 6.2%, for 2015 - by 7.5%, for 2016 - by 4%, and from February 1 2017 - by 4%. Thus, over the past five years - from 2013 to 2017 - the “military” pension has increased by 30%. And from 2011 to 2017, the “military” pension increased by 90%.